agency workers rights?

omnipeta

I've been working for an agency for the past 4 months, working for a nationwide company.
What are my rights? I believe there are new rules/laws governing agency workers?
Any advice appreciated.

LittleVoice

http://www.legislation.gov.uk/uksi/2010/93/contents/made

Ask your agency what they are doing about it.

Thanet62

I think it still needs to be tested in law. I was working for Royal Mail and had my contract terminated in September and moved across to their own "in house" agency Angard.
I completed my 12 weeks with the agency on 24th December. I have worked 3 days this week and have had nothing mentioning any pay rate changes (currently on £6.08ph) to put me on the same pay as a regular at RM.

I don't hold out much hope as it was banded around that Angard were only set up in the first place to get around the agency working laws.

If you don't work in this country your treated to all sorts of benefits but when you do get of your !!!! and do something you get hammered even more. Welcome to work 2012..Happy New Year!!!

SarEl

Thanet62 wrote: »

I don't hold out much hope as it was banded around that Angard were only set up in the first place to get around the agency working laws.

If this is truly an in-house agency then the "bandied around" is correct - in-house agencies are not covered by the regulations, and their employees gain no benefits from them.

out_of_cash

BIG COMPANIES TRYING TO TAKE THE PAS PER USUAL PLEASE READ THIS

Came into force 1st october 2011

Hope this helps someone


It is important to take on board that the Regulations provide employment agency workers with two types of right:

• certain rights applicable from the beginning of an assignment (“day 1 rights”)
• entitlement after 12 weeks to equal treatment in basic employment conditions with comparable directly employed staff (“12-week rights”)

The hirer is directly responsible for any failure to provide these rights, with the agency worker having recourse to the employment tribunal.
After completing 12 weeks in a particular role, an agency worker will have the right to the same basic working and employment conditions as if he or she had been directly recruited by the hirer for that role. This covers terms and conditions relating to pay (including salary, commission, holiday pay, overtime, shift allowances etc), duration of working time, night work, rest periods and breaks and annual leave.

System

Does anybody know what the actual definition of 'agency worker' is? Is it only those people directly employed and paid by the agency or does it include contractors where their own Ltd Co/Umbrella is contracted by the agency to provide a worker for the original client? (ala IT contracting in 99% of cases)

Assuming outside IR35 as inside will probably muddy the waters.

SarEl

!!!!!! wrote: »

Does anybody know what the actual definition of 'agency worker' is? Is it only those people directly employed and paid by the agency or does it include contractors where their own Ltd Co/Umbrella is contracted by the agency to provide a worker for the original client? (ala IT contracting in 99% of cases)

Assuming outside IR35 as inside will probably muddy the waters.

It isn't clear yet, and probably won't be until a case somes to court. And possibly several cases. My best guess would be that where the temp has their own limited company then they will not be covered because their relationship is business to business, not business to individual (the agency doesn't employ them, they employ themselves). Umbrella companies may well follow the same priniciple but it is a somewhat greyer area, so there is more potential to argue that the umbrella company is an administrative vehicle since it has no relationship with the agency. But it may be a long time before such issues are resolved - I would lay bets that any cases going to tribunal which employers lose will go to EAT, whilst employees won't be likely to be able to fund such a legal challenge because few are unionised. It will, in end, depend on the exat nature of the employment relationship.

patman99

There is already a 2-page thread on this subject HERE Might be worth merging the two if poss.