Swedish derogation

A question about : Swedish derogation

This is a bit long but I would really appreciate if anyone could spare a bit of their day to read through. Any advice would help me a great deal. I wasn't sure how much information to provide, so apologies if this is a lot longer than it should have been.

January 2014: I started working through an agency for a company/client - 5 days a week, 8 (shift) hours a day at a warehouse. Agency staff sign in and out in a provided time-sheet.

June 2014: They have offered me Swedish derogation contract after three months, and I signed it.

August 2014: I receive a warning from agency for being late.

October 2014: Client changed agency - the two agencies reached an agreement and my contract (and that of anyone who was working through agency) was transferred to the new agency.

January 2015: At the end of the first week of January, there were no supervisors available for the day (holidays/sick etc), so one of my fellow workers was put in charge as an acting supervisor.

The next day I come in. While signing in, I noticed that yesterday's sheet is there and the fellow worker that was put in charge for the day before erased the time I signed out and put earlier in there. Speak to him, and he says as far as he knew - I, and three or so other people, left early. We had an argument, and goes to the management who are on a building few a blocks away and tells them I swore at him.

He comes back with one of the managers, the manager calls me, him and today's supervisor into a room. He asks us what happened. I explain that he erased my correct time. The manager sends me home and says there will be an investigation commencing on Monday (this is happening on Saturday), and my agency will contact me.

The weekend passes and I call the agency. They tell me they haven't been told anything by the company/client, so they will 'look into it' and contact me. I press them but they kept saying they are trying to reach the client for the next three weeks. Then they told me that no problem at all, as one of them went warehouse and met the management etc, and all I've to do is call the supervisors to put me on the shift for Monday (this is happening on a Friday).

I called and spoke to one of the supervisors and he said he couldn't do that because the management wouldn't let him to do it. I call back the agency, they speak to the supervisors/client company and call me back to say don't go there on Monday.

This kept happening till this morning. I spoke to my agency this morning and they told they will call me back in a few hours. They called me back to say the client informed them that I left early that day, and that combined with the warning I had, they longer wished for my services.

The agency says they will pay me a week's notice - which, according to them, is the 7.5 hours the minimum guaranteed work for temp workers. So basically a day's work. Even this they don't have to do it because it's a dismissal.

My questions are:

1. Can they terminate my contract on the basis of what I've said above? (I understand nothing of employment law - that's why I work in warehouses etc).

2. Are they allowed to retrospectively terminate my contract the way they've done?

3. My contract/Swedish derogation says that, in the event that my assignment ends, I get paid for 4 weeks wages calculated at the average of the wages earned in the proceeding 12 weeks. Shouldn't they use that to calculate any retrospective notices?

4. What would you do if you were in my shoes? (Except going to find another job ).

Best answers:

• You can be terminated for any reason that isn't protected discrimination (race, gender, etc.) during the first two years of your employment, so there's no legal issue with that.
  Where the issue appears to be is that you are then entitled to the notice stated in your contract, plus payment for any holiday accrued but not taken. It seems like you may not be getting that, but that really depends on the basis of your termination - if they are sacking you for misconduct then they may be able to do that with no notice (they'd still have to pay the holiday I think). I'm guessing you're not in a union as you would have gone to them for advice, so as the devil is likely to be in the detail I'd suggest you make an appointment to see someone at Citizen's Advice and take your contract with you.
• Thank you for the reply.
  Quote:
• This afternoon the agency said they might offer me another job that's a lot closer to me than my earlier work. I'm disappointed with them, but I'll take it of course if they do offer it, as these are hard times. Even though in my mind I think I might have a case, and I'll probably have regrets later on for letting it go, I think I'd be better off taking it. This would be the logical thing to do, right? I'm a bit frustrated at the moment.
• Probably letting it go is the best thing you can do. Working life is a long journey and there will be always some unfairness, annoyances and difficulties. So don't let it drag yourself back and just move on.
• Thank you.
  Is it true though if I want to take legal action, I'd have to do within three months?
• Learn to pick your fights OP, this doesn't seem worth the effort and stress and depending on sector could backfire.
• Thank you all for the wise advice.
• First off, you made mention of a transfer to a new agency. They may well not use the Swedish Derogation, but instead use a standard temp. workers contract of employment.
  The main issue with Swedish Derogation contracts is that the agency has to treat you as a proper PAYE employee. This means paying you when you are inbetween contracts. It does also mean you cannot refuse to undertake a role when offered.
  The hirer was the one to let you go, not the Agency. They simply act on the hirer's instructions. The mere fact that the hirer acted on a complaint from someone who had fraudulently altered a company document (the timesheet) is not relevent.
  I would, however, look to register at other Agencies as there is no law in how many that you can be registered with.