Long-term temp with agency

j1n

I wonder if anyone can help - I have been temping through the same agency, working for the same company, at the same rate I started with, for 3 years last Friday.
Some people keep telling me that now I am entitled to all the benefits (apart from sickness pay), the same as the company employees. I spoke with my agency and they are very vague. I tried to find something on the net but can't. I know rules are changing in Oct for temps but is anything different for temps after 2 or 3 years if working for the same company/agency?
I am hourly paid by the agency and I have to accrue my holiday and bank-holiday hours to be paid. Sickness is not paid unless I use my accrued hours. I work a 40 hour week.
Any enlightenment will be most appreciated.
Many thanks.

scheming_gypsy

If you've worked for an agency for 6 months (continuous employment i think) then you're entitled to all the standard benefits as perm staff including sick pay i think.

I'm a bit rusty on it but my dad used to own an agency a few years back and when Tony Blair's labour brought in the new rules it totally hammered him as his margins were barely enough to cover everything as well as running the office. Like i said, that was the Tony Blair labour so things may have changed again since then.

Hammyman

scheming_gypsy wrote: »

If you've worked for an agency for 6 months (continuous employment i think) then you're entitled to all the standard benefits as perm staff including sick pay i think.

Is not the correct answer, well not yet at least. The rules change in October so after you've been at a place for 12 weeks, you get the same entitlement as employees. However previous time spent at a placement will not count so everyone starts at zero. Thankfully the legislation was written by someone with some sense so in short:


From October 1st, the new Agency Workers Directive comes into force and states that after 12 weeks work at a company doing the same job, you're entitled to the same pay and conditions as an employed member of staff...this IS NOT retrospective...meaning that EVERYONES first week of their 12 weeks starts on Oct 1st regardless if you've already been working there 2 days or 10 years.

In order to qualify for a weeks work, you actually only need to do a 'few hours' of work in a week.

For those who keep saying "we'll be sent somewhere else for a day and our time will be reset"....WRONG...in order for your time to be reset, you have to of been vacant from that company/position for at least 6 weeks. So this means that if for instance, you're given an 11 week contract and then sent away for 5 weeks and return, you still retain your previous 11 weeks, and just one shift automatically qualifies you for the minimum "12 weeks" necessary to get the same pay.

"What if they give me 11 weeks of work, then send me somewhere else for 7 weeks, then back to the first place for 11 weeks and just keep repeating this?"....Well, the regulations are very clear that this is illegal. If a pattern emerges, then a temporary agency worker now has the right to take the company to an employment tribunal for non-compliance of the regulations.

To make sense of this "entitled to the same pay", this merely means you're entitled to the same hourly equivalent pay.

Also, its worth noting that you can gain "multiple entitlements"...for instance, if from Monday to Friday, every week, you work for 5 different companies (1 company per day) you actually build up the 12 weeks with all 5 companies at the same time.

scheming_gypsy

There has been something, not sure whether it's just changing in October.


http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Agencyworkersandemploymentagencies/DG_173252

Hammyman

That just gives agency workers information on current standard employment rights.

scheming_gypsy

but it also tells them they're entitled to the same as employed people.

Like i said earlier, there were some changes (possibly late 90's) where agencies had to pay holiday pay etc. I can't remember exactly what it was but i know it made things really difficult for my Dad's agency as they were competing that much with other agencies, their rates were very low and that just made things harder.

Pupnik

But what about the lack of pay increase? I bet the agency has raised their fees in those 3 years. Is the OP allowed to query this, either with the agency or the company they are temping with? I have challenged my temp rates (and got backpay for it) before but only when employed directly through a company so I am not sure about agencies.

LittleVoice

Agency workers are already entitled to paid holiday - but not at the same rate as permanent employees of the company if that is more generous than statutory minimum.

They are also entitled to statutory sick pay. The holiday pay accrued is supposed to be for holiday leave, not sick leave.

Ask for a pay rise.

j1n

So, my understanding is that I will be entitled to the same pay as perms. As I temp I get a slightly higher rate. Does that mean that they can reduce my rate after Oct?

Also, I have asked so many for a pay rise (from my boss to our dept director) and they keep promising and then saying that I am already paid more than perms as mine takes into account the holiday period too. My colleagues get a bonus of upto 5% every year and a further 3-8% pay rise. My boss told me I should be grateful for a job. In the current climate I am glad that I have a job as hubby can't find any!

So, as I am already paid a slightly higher rate than the perms, I guess the new rules will not affext me. Is that right?

Thanks everyone.

Jerryjerryjerry

Hooray! Excellent news for the mostly downtrodden temps of the land! :beer:

scheming_gypsy

You're asking the boss there for a pay rise etc but you work for the agency. If you want a pay rise you should approach the agency and they approach the company on your behalf as the company will be paying the agency £x an hour for you and the agency will be paying £y an hour.

Your colleagues get that bonus from their employer but your employer (the agency) don't pay bonuses and you're not entitled to the clients pay structure.