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I work for a working men’s club. I gave in my notice but then changed my mind. I wrote a letter of retraction and they say I can retract but go on a temporary contract. What rights do I lose on a temporary contract?
Posted Wednesday, 23rd July 2008
Answer by Anna Docherty
Legally, an employer does not have to accept the retraction of an employee’s resignation so your employer has acted within the law here.
Your question is asking about the rights that someone gets by being an “employee” as opposed to someone hired on a temporary or contractor basis, known in law as a “worker”. This is significant since employees have far more rights under law than “workers”.
Only employees can claim the following rights:
- Unfair dismissal- Statutory redundancy payment
- Maternity & paternity leave & pay
- Parental leave
- The right to request flexible working .
Employees and workers have rights:
-To the national minimum wage
-Under the working time regulations
- To be protected if they work on part time basis
- To be accompanied at a disciplinary hearing
Unfortunately therefore, you will lose all the rights from the first list above. Perhaps you could have one last try to talk to your employer once more to see if they will reconsider taking you back as a permanent employee.
-To the national minimum wage
-Under the working time regulations
- To be protected if they work on part time basis
- To be accompanied at a disciplinary hearing
Unfortunately therefore, you will lose all the rights from the first list above. Perhaps you could have one last try to talk to your employer once more to see if they will reconsider taking you back as a permanent employee.
Good luck!
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Jane Barclay
Jane Barclay is a human resources manager for a leading holiday firm. She works part-time from home with occasional visits to the office.
Anna Docherty
Anna has been working in the human resources field since 1993 in both blue chip companies and small companies. Since 2006, she has been an HR Consultant for Docherty HR.
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Helen has been practising employment law since 2002 and has extensive experience of advising employees and employers at all levels.
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