Agency Workers Regulation - 12 Week Rights

each_uisge

As I understand the Agency Workers Regulations after an agency worker has reached the 12 week point and continues working for the same company in the same job from that time, they are entitled to be paid the same rate as an employee of the company doing the same job as they are. (Sorry about all the sames )

I reached my 12 week point at the beginning of January due to taking Annual Leave. I'm paid on a monthly basis and it wasn't until checking my payslip today that I've noticed that I'm still on the same rate of pay that I've been since I started working on this contract - which incidentally has been for the last 16 months!

I'm looking for advice on how to proceed with this. I don't know if I should casually mention in conversation to the Agency concerned about the 12 week rights and find out what their stance is concerning this. Or do it "officially" and write to them for an explanation? According to the Direct Gov website agency workers should be entitled to this information:
http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Agencyworkersandemploymentagencies/DG_198927

I'd also be interested to know if there are any other Agency Workers out there who have completed over 12 weeks in the same assignment and have or have not had an increase in their rate of pay.

Cheers
Each

Thanet62

Same boat as you! Working for Royal Mail as a casual and completed my 12 weeks at the end of December.
I have written to the agency that employs me (Angard) on 4th January. That have 28 days to reply (according to the REED website).

My worry is that Royal Mail set up Angard as an "in house" agency back in September and it would appear that this would circumvent the new rules.

It should be pointed out that although "Angard" are shown as the agency all the work, payrole, contact numbers and addresses are ALL owned and managed by REED.

I'm still waiting for an answer but I think it might well be a RM scam to get around the rules. :mad:

anamenottaken

each_uisge wrote: »

As I understand the Agency Workers Regulations after an agency worker has reached the 12 week point and continues working for the same company in the same job from that time, they are entitled to be paid the same rate as an employee of the company doing the same job as they are. (Sorry about all the sames )

I reached my 12 week point at the beginning of January due to taking Annual Leave. I'm paid on a monthly basis and it wasn't until checking my payslip today that I've noticed that I'm still on the same rate of pay that I've been since I started working on this contract - which incidentally has been for the last 16 months!

I'm looking for advice on how to proceed with this. I don't know if I should casually mention in conversation to the Agency concerned about the 12 week rights and find out what their stance is concerning this. Or do it "officially" and write to them for an explanation? According to the Direct Gov website agency workers should be entitled to this information:
http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Agencyworkersandemploymentagencies/DG_198927

I'd also be interested to know if there are any other Agency Workers out there who have completed over 12 weeks in the same assignment and have or have not had an increase in their rate of pay.

Cheers
Each

You aren't entitled to the same pay as a directly employed person doing the same job. Even employees doing the same job will not necessarily be on the same rate of pay as each other. You are supposed to be entitled to the same pay as you would if directly employed.

I'm an agency worker and did receive a payrise after the 12-week point. This was to recompense me for the extra holiday that a directly employed person would receive at the beginning of their employment. I was already supposedly receiving the same hourly rate (but not really the same because the employee had to work fewer weeks in the year).

SarEl

Thanet62 wrote: »

Same boat as you! Working for Royal Mail as a casual and completed my 12 weeks at the end of December.
I have written to the agency that employs me (Angard) on 4th January. That have 28 days to reply (according to the REED website).

My worry is that Royal Mail set up Angard as an "in house" agency back in September and it would appear that this would circumvent the new rules.

It should be pointed out that although "Angard" are shown as the agency all the work, payrole, contact numbers and addresses are ALL owned and managed by REED.

I'm still waiting for an answer but I think it might well be a RM scam to get around the rules. :mad:

Hmm. Interesting. You are of course correct. In house agencies are not covered by the legislation. But outsourcing the work to a recruitment agency is an interesting twist. I suggest that you join the union - there is a test case in there somewhere, and they may even waive the qualifying period. I am sure this is something neither you not they want to see - it may be a meeting of minds. Although it might have been an idea to talk to them before raising it elsewhere - maybe talk to them sooner rather than later?

SarEl

anamenottaken wrote: »

I'm an agency worker and did receive a payrise after the 12-week point. This was to recompense me for the extra holiday that a directly employed person would receive at the beginning of their employment. I was already supposedly receiving the same hourly rate (but not really the same because the employee had to work fewer weeks in the year).

I don't understand this. You are entitled, if the regulations apply to you, to the same holiday, not to payment for not getting the same holiday. This is appears to be a version of rolled up holiday pay, which is unlawful in itself.

each_uisge

anamenottaken wrote: »

You are supposed to be entitled to the same pay as you would if directly employed.

Apologies, that's the point I was attempting to make :-)

LadyMissA

I was just coming on here to post this

Seems that some agencies are actually posting the fact that the rate goes up in the job spec but the starting hourly rate seems a tad on the low side so maybe they are just starting people on a lower rate to begin with , we will never know

http://www.totaljobs.com/JobSearch/JobDetails.aspx?JobId=52700968&Keywords=&Industry=18&Sort=2&LTxt=London&Radius=0&distance=0.0&precision=2

'The hourly rate will increase to £10.18 per hour worked after 12 weeks are worked in line with Agency Worker Regulations'

LadyMissA

anamenottaken wrote: »

You aren't entitled to the same pay as a directly employed person doing the same job. Even employees doing the same job will not necessarily be on the same rate of pay as each other. You are supposed to be entitled to the same pay as you would if directly employed.

I'm an agency worker and did receive a payrise after the 12-week point. This was to recompense me for the extra holiday that a directly employed person would receive at the beginning of their employment. I was already supposedly receiving the same hourly rate (but not really the same because the employee had to work fewer weeks in the year).

Oh right see page 3 of 51

http://www.bis.gov.uk/assets/biscore/employment-matters/docs/a/11-949-agency-workers-regulations-guidance


I wonder though since the agency will be paying people how would they know what the company would employ you at? Surely they would just say a lower salary?

Jps_2

A company cannot just make up the pay rate. Basicly after 12 weeks you should be paid the same as a permanent worker doing the same role yet on the entry level pay rate as if you were employed directly. Answer to the holiday pay question: you can have the extra days holiday pay entitlement rolled up as long as the basic (28 days) holiday pay is accrued. The law does state u cannot roll holiday pay up yet this referred to basic min holiday pay. My advice to anyone that feels they are not getting the right pay after the 12 weeks should first speak to there agency if you are not then satisfied ask for the adress where you can make a formal enquiry. also bear in mind there is another style contract called the Swedish derogation contract check if you are on this as if you are then you won't be entitled to the parity pay anyway.

SarEl

Jps wrote: »

A company cannot just make up the pay rate. .

Of course they can. Private sector employers do this all the time. It is only employers with set pay grades, most of which are in the public sector, who can't.

jonsyt

I have been working in the same job now for 4 months and im an agency worker i did have a pay rise of 50p per hour but that is still £2.50 less than the companies actual employees . This is news to me and i didnt know about it