AWR regulations & employment tribunal for agency workers ???

londonbabe73

Sorry for the length of this post but I really need some advice from someone familiar with the new regulations for agency workers

I was contracting in a local council since sept 2008 -jan 2011 for one agency and then changed to another agency in jan 2011 to jan 2012 but the location and employer stayed the same.

Basically in jan 11 I was promoted and told with that my rate would rise , so I got the promotion and surprise surprise my rate didnt change even though the temp who was in the role before me was recieving the higher rate . I questioned why my rate hadn't increased and was basically fobbed off and told no money in the budget etc I continued to ask and was then told when they had the restructure my job would be regraded and the rate would go up after 6 months I guess I accepted it as it was clear they weren't going to increase it but due to the poor market I thought see it as a positive at least I was getting experience doing a role I usually probably would never had got , so I continued on .

Because I had a finance role year end came up and I was working til 10 pm at night and weekends to get through the workload and again they point blank refused to pay the out of hours overtime rate but they still expected me to work late etc .

Then in Dec and 4 days before Xmas I was told by my agency that despite having a contract until the following year the council decided to cut everyones rate by 10% (£400pcm) without notice, no consultation ,in fact they pushed it through when the office was effectively closed w/c 26 th Dec which was a total kick in the teeth
and the straw that broke the camel back for me I put my objection in writing to my manager and the head of department stating that as I effectively was already having a pay cut for the last 12 months I was not prepared to accept a further cut to which I got told 'it was out if their hands '


I had a meeting and again stated my case and I also offered to cut my hours to give them the same 10%?saving they would get by cutting my rate but I would do 4 days a week and then try and pick up work 1 day a week elsewhere I then went on leave and left it in their hands to make a decision





I was away for Xmas and returned surprised that I'd had no response to my offer prior to Xmas and figured they were playing hard ball. I contacted the office via email to find out what the situation was I was met with take the cut or leave it oh and you've got 24 hours to decide . I then went into the office the next day to try and discuss it with the manager again and I hit a brick wall so I said that I'm not prepared to return as I had a contract , they changed the contract which meant that I wasn't under any obligation to do anything else yet my manager insisted that I do a 2 week handover as I done a stand alone role which I was quite happy to do as I needed to secure another role BUT they expected me to do it for the reduced rate !!!! Which I refused I said that I was happy to do the handover but I would not do it for the reduced rate and then I basically got the cold shoulder and heard nothing until I then called them 3 days later up to find out what was going on and was told my services were no longer required .

I think the way I have been treated is appalling especially by a local authority who have behaved like bully boys with all the temp staff who have been slogging away for literally years like myself yet the minute you stand up for yourself they have a problem .


So I found myself without a job , I was owed 3 days pay over the Xmas break due to the AWR regulations as I had completed the 12 weeks and I found out today they refused to pay me as they stated because I never returned after the Xmas break I wasn't eligible but it was due to their actions I was unable return as they effectively cancelled my contract by changing my rate!!!! I have emails to my manager stating I'm at home and ready to return to work and I was basically ignored !!!

My question is can I go to a tribunal ?? as I am hopping mad and I had a year of crap and stress and they effectively put me out of a job and then want to screw me over again for money that I have earnt.

Do I have any other rights as I had been there for over 3 years ?

How much does it cost ?

Anyone had the same situation and won ??



LB

tizerbelle

Your post is very confusing. You say you were contracting but then say agency. What is it? Were you a self-employed contractor or employed by an agency and paid by the agency who placed you at the council?

If you work for an agency your contract is with the agency not the company you are placed at. The agency is your employer so you can't take any action against the council.

londonbabe73

I have a limited company an I was working for the council via an agency , so your post is partly true but I'm sure I've heard that if you have been on a temp contract for more than 2 years you gain extra right prior to the AWR regs coming out ....

tizerbelle

You need to be clearer about the nature of your employment status unless people understand that they won't be able to advise properly but the way its looking at the moment you were an employee of your own limited company so it could be you need to take yourself to tribunal!

I don't think by the nature of this set up you would be classed either as an agency worker nor a temporary worker (they are distinct employment statuses)

Notmyrealname

londonbabe73 wrote: »

I have a limited company an I was working for the council via an agency , so your post is partly true but I'm sure I've heard that if you have been on a temp contract for more than 2 years you gain extra right prior to the AWR regs coming out ....

So you're self employed.

You have absolutely no rights at all from the agency or the LA. You are your own employer so the only person you can take to a tribunal is your own Ltd company.

AWR regs do not apply to you because you are working as a Ltd Company providing a service. AWR regs only apply to agency workers being paid on PAYE by the agency. You're not an agency worker.

You could sue yourself for unfair dismissal but it depends what terms were in the contract you created for yourself between you and your Ltd Company. If you are an employee of your Ltd Company then as you've been working for your Ltd Company for three years you are entitled to redundancy pay from yourself unless you put yourself on a zero hours contract.

You will have to schedule a meeting with the HR department of yourself to discuss this.

I was owed 3 days pay over the Xmas break due to the AWR regulations as I had completed the 12 weeks

No you weren't as AWR does not apply to you. The person at the agency who thought it did was obviously unaware of the fact you were a Ltd Company and not PAYE.

I love the mickey mouse self employed - they're a constant source of entertainment.

SteProud

londonbabe73 wrote: »

I have a limited company an I was working for the council via an agency , so your post is partly true but I'm sure I've heard that if you have been on a temp contract for more than 2 years you gain extra right prior to the AWR regs coming out ....

You have to be careful with this. You are running your own limited company but from your op it sounds more like you are an employee. This could set the IR35 alarm bells ringing!

londonbabe73

Thought I'd give an update

Start of the year was out of work after working via an agency for a local authority who decided mid contract to reduce my hourly rate despite the fact I had a contract up until 29th jan 2012.

Well after letters back and forth and then an application into the small claims court I actually got paid until the end of the contract as they agency didn't actually give me notice after I said I wasn't prepared to take the pay cut and thus put me out of work for 2 months while I had to scrape around to find another contract.

So I know a number of people wrongly presumed I wasn't entitled to a bean but I issued a claim under breech of contract with the agency and they caved and paid out in full even though the employment lawyer I saw said I could go to court and they give me a week notice money ( which I still would have wanted anyway it's my money !!) so I got an extra 3 weeks money on top which was a result ..... Promised my son if mummy got some money back we would go to Harry potter I think I'm going need every penny ....

So a good result the agency didn't admit liability not that I care I just wanted the case that was rightfully mine .. so a result for the little guy ....:T:T:T

Notmyrealname

We never said you weren't entitled to a bean, we said if you bother to look that AWR didn't apply and it didn't. The breach of contract is a completely different matter to the AWR.

sloucho

I am afraid Notmyrealname you are wrong.
I know this response is a little late but your tone offends.
They are not self-employed although they do not state fully, they are suggesting they working through an agency, so are either PAYE or Ltd Company.
If PAYE then there are covered by AWR, and potentially also if they are a Ltd company. "Simply putting earnings through a limited company would not in itself put individuals beyond the possible scope of the Regulations." -11-949-agency-workers-regulations-guidance.
This may have tax implications due to IR35.

You should have taken the issue up with you agency, rather than the hirer.
AWR was meant to stop exploitation of people by employing them though the back door like this
However as AWR is still untested, until a number of cases have gone to court the fine detail of your right to be treated as a direct employee will not be known.
And as it is unlikely an individual will be able to bring a case, and it is not in the interest of the employment agencies who just take the cream off the top to upset the people that are paying them.
So until AWR is enforced and clarified, Mickey Mouse will be employing a whole load more people.

Notmyrealname wrote: »

So you're self employed.

You have absolutely no rights at all from the agency or the LA. You are your own employer so the only person you can take to a tribunal is your own Ltd company.

AWR regs do not apply to you because you are working as a Ltd Company providing a service. AWR regs only apply to agency workers being paid on PAYE by the agency. You're not an agency worker.

You could sue yourself for unfair dismissal but it depends what terms were in the contract you created for yourself between you and your Ltd Company. If you are an employee of your Ltd Company then as you've been working for your Ltd Company for three years you are entitled to redundancy pay from yourself unless you put yourself on a zero hours contract.

You will have to schedule a meeting with the HR department of yourself to discuss this.


No you weren't as AWR does not apply to you. The person at the agency who thought it did was obviously unaware of the fact you were a Ltd Company and not PAYE.

I love the mickey mouse self employed - they're a constant source of entertainment.