Struggling to live on work through an agency

Mary_Hartnell

I have a friend, with a not to wonderful job via an agency.
He is a good steady worker in a parcels operation, however those at the bottom of the pile, have to work through an agency, because the real employer does not want to get stuck with "rights" to holidays, pensions etc etc, especially in a business that is seasonal.

Unfortunately my friend has been caught up in a contract fuss.
It his probable that his "agency", with Xmas coming up tried to push its luck; and had its bluff called.
The agency and its staff are out the door.
Another agency has grabbed the contract.

My friend is still wanted by the parcel operation and knows the job well.

I suggested he find out who the new agency is and offer his services.

Oh I've found out who it is BUT I cannot be employed by them for at least 8 weeks.

I don't know what sort of contract my friend has signed, and agency workers often face the "you cannot sneak in the back door at our expense and make your own deal" clause.

But this is not the case here, he wants to leave his current (work-less) agency and sign up with one of their rivals, who needs workers with his skills.

Can an organisation legally keep a man unemployed in Britain, with a civil restraint like this?

paddyrg

I doubt his current agency will sue him if he jumps agencies - personally I'd just go for it :-)

skintandscared_2

What contract does he have with the current agency? I used to temp for a while and the contract was just one week's notice. That's the nature of temp work!

Going4TheDream

It is likely that it is written in the T&S when he signed when joining on with the agency that he cannot work for for the same employer through a different agency for 8 weeks after leaving the agencies employment. It is very common now and I know that the temporary agencies we deal with at work are the same. Makes it hard when we change suppliers for what ever reason that we lose staff that we dont want to.

The notice period is a different thing.

LittleVoice

Similarity with transfer of undertakings. Contract lost - contract transferred to new employer.

I recall, a decade or so ago, Reed losing a contract with a big employer and temp agency workers were able to transfer to the new agency (Manpower) or to stay with Reed but not be able to do the specialised work they were employed to do.

Mary_Hartnell

Yes my initial reaction was that some sort of TUPE should apply, but his T & C probably say he has to work within a radius of "X" and the agency can find him any old rubbish job, in some very inconvenient place and working hours......."just sign here it is just part of the procedure......."..

Were it me, I think I would go for the two finger salute and sneak round to the replacement agency.

At one stage I had to work with a couple of mini buses of Poles. They got charged for being taken to work and as the agency had an agency contract for warehouses on both sides of the Dartford tunnel, they could find themselves being charged in the middle of the day for being bussed from Kent to Essex or vice versa.

Poppy9

How long has he been an agency worker with the same employer.

We've been told in work that agency workers cannot stay 12 months or longer as they acquire rights as if an employee and also they are now eligible since 1st October to apply for jobs that are ringfened to permanent employees only.

bevanuk

Poppy9 wrote: »

We've been told in work that agency workers cannot stay 12 months or longer as they acquire rights as if an employee and also they are now eligible since 1st October to apply for jobs that are ringfened to permanent employees only.

That's not quite correct. From my knowledge the year is a mythical grey area (Jarndyce or SarEl will be able to confirm). I think that its something to with they may have been able to sue after a year if they had been given any benefits simular to a perm employee (invitiation to staff party, etc) but I'm not 100% either.

Have a google for AWR (Agency Working Regulations). From the 1st of October an employee is entitled to equal pay and benefits as a permanent employee doing the same job after 12 weeks.

Question 1, has he asked his current agency if it's okay to go and work for the new one as he needs work? They may have said yes.

But I'd just do it anyway, if they call say you are working elsewhere - if they have the time to prove it they have way to much time on their hands.

Hammyman

Leave and jump agencies. I was on a contract through one agency with a national haulage firm. The agency didn't pay me correctly so I jumped ship. I told the transport manager at the depot I was at what was going on and he said he would go with whomever I went to as he didn't want to lose me. I walked into an agency to sign up and said that if they phoned this number, they'd have a new client and I'd be there that night.

Hammyman

bevanuk wrote: »

Have a google for AWR (Agency Working Regulations). From the 1st of October an employee is entitled to equal pay and benefits as a permanent employee doing the same job after 12 weeks.

Everyone starts on Week 1 on 1st October so any previous service there is irrelevant.

Poppy9

bevanuk wrote: »

That's not quite correct. From my knowledge the year is a mythical grey area (Jarndyce or SarEl will be able to confirm). I think that its something to with they may have been able to sue after a year if they had been given any benefits simular to a perm employee (invitiation to staff party, etc) but I'm not 100% either.

Have a google for AWR (Agency Working Regulations). From the 1st of October an employee is entitled to equal pay and benefits as a permanent employee doing the same job after 12 weeks.

does this also work the other way. i.e. you have an agency worker working alongside a permanent employee and they are on a higher rate. i.e. a permanent social worker 35k and an agency worker can be on 50k + (although the employer is paying the agency in excess of this)?