Agency Workers Regulation - 12 Week Rights

LadyMissA

Jps wrote: »

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. .

and how do you prove the salary the company would have given you if you were taken on by them? You can't!

Danbro

Dont forget Pay is related to 'pay bands' too!

i.e. £15k-£20k may be one band and so even though you may be doing the same work your pay may be less than someone else but never the less you are still on the SAME pay band as the comparable employee.

Analyst

I have been with the same employer for 2.5 years via an agency and I have had my pay reduced as a result of this 12 week legislation. I am absolutely livid.

LadyMissA

Danbro wrote: »

Dont forget Pay is related to 'pay bands' too!

i.e. £15k-£20k may be one band and so even though you may be doing the same work your pay may be less than someone else but never the less you are still on the SAME pay band as the comparable employee.

private co's rarely have a pay band its called get as much as you can

each_uisge

LadyMissA wrote: »

and how do you prove the salary the company would have given you if you were taken on by them? You can't!

Under the AWR (2010) regulations the agency has to supply you with this information and they have 28 days to comply with your request. If they haven't by this time you can then request this information from the Hirer who also have 28 days to comply. If neither do so within the time frame laid down in the act then it can be referred to an employment tribunal.

It would appear from the lack of replies that there aren't many people out there working for Agencies who are affected by this? Or perhaps there are and they don't realise this is the case.

A couple of us who have worked over the 12 weeks at the same company got together and have requested information from the agency regarding the 12 week rights. Apparently we should have a "communication" from "the agency" regarding this by the end of the week.

LadyMissA

each_uisge wrote: »

Under the AWR (2010) regulations the agency has to supply you with this information and they have 28 days to comply with your request. If they haven't by this time you can then request this information from the Hirer who also have 28 days to comply. If neither do so within the time frame laid down in the act then it can be referred to an employment tribunal.

It would appear from the lack of replies that there aren't many people out there working for Agencies who are affected by this? Or perhaps there are and they don't realise this is the case.

A couple of us who have worked over the 12 weeks at the same company got together and have requested information from the agency regarding the 12 week rights. Apparently we should have a "communication" from "the agency" regarding this by the end of the week.

so the company have told the agency what you would get salary wise from them IF they took you on their books? They can say anything so how do you know its the truth? You still do not have to be paid the same as everyone else doing the same job.

each_uisge

LadyMissA wrote: »

so the company have told the agency what you would get salary wise from them IF they took you on their books? They can say anything so how do you know its the truth? You still do not have to be paid the same as everyone else doing the same job.

Here's a link to the information provided by the Government regarding the AWR and 12 Week Rights:

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Agencyworkersandemploymentagencies/DG_198927

Under the AWR Act they'll have to supply truthful information regarding rates of pay as it's the Law. If they don't and someone is successful in taking them to a Tribunal regarding this there's been no maximum penalty set so it could cost them dearly.

Still this is all supposition, I haven't heard of any case being referred to an Employment Tribunal as yet.

But it's early days.

j1n

Anyone know about the Bonus rights under AWR? I have been a temp for over 3.5 years in the same company doing the same job. Every year the perms get a decent bonus. One of my colleagues (a temp too,who has been here over a year) has been told she is not entitled to a bonus for 2011 as it takes effect from 24th Dec 2011 (being the 12 weeks after 1st Oct)!. My perm colleages will get Gross Salary * 90% * 12% as bonus. We, temps, seeme to be in line for nothing.
Any ideas?
Thanks.

LadyMissA

Danbro wrote: »

Dont forget Pay is related to 'pay bands' too!

i.e. £15k-£20k may be one band and so even though you may be doing the same work your pay may be less than someone else but never the less you are still on the SAME pay band as the comparable employee.

there are no such pay bands in private companies

LadyMissA

each_uisge wrote: »

Here's a link to the information provided by the Government regarding the AWR and 12 Week Rights:

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Agencyworkersandemploymentagencies/DG_198927

Under the AWR Act they'll have to supply truthful information regarding rates of pay as it's the Law. If they don't and someone is successful in taking them to a Tribunal regarding this there's been no maximum penalty set so it could cost them dearly.

Still this is all supposition, I haven't heard of any case being referred to an Employment Tribunal as yet.

But it's early days.

And who is going to determine if they are supplying truthful information? They could be paying the agency £25 per hour and you could be getting £10 per hour where the perm staff are getting £12 but how are YOU going to prove that?