Hungarian National employed through recruitment agency

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  • #37946
    hagan_j
    Participant

    I have a Hungarian National who was employed through Recruitment Agency A from 05/12/08, registration certificate issued 05/03/09. However Recruitment Agency A lost their contract to supply workers to Employer X on 04/10/09. The contract was awarded to Recruitment Agency B from 05/10/09 and the current group of workers were transferred on to the books of this agency. Throughout this period my claimant continued to work for the same employer up to 02/01/11 but under two different agencies. Does this count as > 12 months registered employment or should they have registered their employment with the new agency.

    #106808
    Kay_Tade
    Participant

    If the name of Employer X is the one on the document then that’s fine, if not, I think they would have had to move from A to B πŸ™‚ with the registration documents.

    #106815
    hagan_j
    Participant

    Thanks Kay,

    I was really hoping that this would not be the answer. C’est la vie!!!!!

    #106883
    hagan_j
    Participant

    I forwarded the information of to UKBA and received the following response.

    β€œIt would appear from your communication that Mr. Valoczi transferred from MPA Recruitment to Randstaad Employment Bureau under TUPE – Transfer of Employment (Protection of Employment) – regulations. He therefore was considered to be in the same employment as long as his terms and conditions of employment are unchanged. As such he was not required to re-register on WRS as no change in employment was deemed to have occurred.

    As his registration documents were correct at the time of issue no amendment would be made and the transfer under TUPE regulations does not invalidate the original registration. It would be helpful however if Randstaad Employment Bureau would provide him with proof of the change in company name to facilitate any residency application he my make in the future”

    We learn something new everyday :bigsmile: .

    #106884
    Kay_Tade
    Participant

    Ah, we do! Never occurred to me. C’est la vie!!!!! πŸ™‚

    #106896
    stevedaymond
    Participant

    I would say she still needed to register the new employer. The terms and conditions may have remained unchanged but the WRC would have become invalid due to 7(5)(b) – (5) A registration certificate β€” (b)expires on the date on which the worker ceases working for that employer. This has clearly happened.

    #106897
    Kay_Tade
    Participant

    [quote=hagan_j]He therefore was considered to be in the same employment as long as his terms and conditions of employment are unchanged. As such he was not required to re-register on WRS as no change in employment was deemed to have occurred.[/quote]

    If they are not going to issue one you can’t force them too. As long as they are happy, and they have explained why, so am I. πŸ™‚ If an auditor asks why you paid, show them the response. :bigsmile:

    #106899
    stevedaymond
    Participant

    Just reading their reply:

    “It would be helpful however if Randstaad Employment Bureau would provide him with proof of the change in company name ”

    Reading this I think either they, or more probably me, have misunderstood what has happened. Has the agency simply changed its name, in which case the above makes sense. Or, did they lose the contract and a new agency take it over. In which case the above is incorrect.

    Just to add we had the same happen here where the contract for cleaning the local hospital changed hands and all A8’s with under a years WR history had to obtain new certificates.

    #106900
    hagan_j
    Participant

    Believe me I am more than happy to go with the UKBA response. I feel that if I were to do anything else and the claimant were to produce a similar statement at a Tribunal I would probably be chased from the room!!!!!!

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