Denied overtime because I am an agency worker

m1234w

I have been at this company now for 6 months. At the start of the new year I had completed 12 weeks continuous work.

Whenever i ask for overtime I am denied it because 'the boss won't pay agency overtime rates' and it is given to their employees.

With these new rules that have come in, are they not breaking the law? I really could do with the extra money.

Thanks

LadyMissA

Maybe ask if they can take you on as a full time member? I do not think there is a law to make them give you over time on the same rate that you would get if you worked direct for the employer but that comes from the agency you work for.

m1234w

They keep fobbing me off with excuses. I'm not really fussed about staying on the agency, it is weekly pay and I don't have to give notice.

Taken from directgov website:

Basic terms and conditions

After 12 weeks in the same job with the same hirer you are entitled to the same basic terms and conditions as if you had been recruited directly.
These basic terms and conditions include:

• basic pay, including holiday pay, overtime and bonuses linked to your performance

m1234w

Also found this

Is overtime included in the regulations?

Payment for overtime hours is included in the equal treatment principle, overtime should be offered to agency workers if it is offered to all permanent employees of the hirer.

Googlewhacker

thats pay, not the right to actual overtime....ie if you did any overtime u would get paid the same as the other employees.

Edited: seen second post. Not sure how you would enforce it tbh, if you kick a fuss up you may end up out of work.

I would also expect that these new rules mean that the agency cannot charge more than what you pay.

Also do you get a premium compared to the agency workers?

Andy_L

The reason is likely to be that, as an agency worker, you cost them more per hour as they have to pay the agency their cut as well as your money

Googlewhacker

The easy get out for the employer is to say that overtime is not offer to all employees...

m1234w

Googlewhacker wrote: »

The easy get out for the employer is to say that overtime is not offer to all employees...

The overtime is offered to all employees though.

Also I have been told the reason by my supervisor who I guess has no idea of the new directive.

i havn't mentioned anything about these new rights to them because as you said if I kick up a fuss i could be out of a job but the longer this goes on, the more I am going to be inclined to seek compensation from the agency and/or the employer.

Mrs_Arcanum

It may have something to do with the way the agency negotiated your pay & placement with your current assignment.

Where DH works they pay and treat Agency staff exactly the same as regular staff. For this scenario the agency may well get a flat rate per worker rather than hourly pay based commission.

Googlewhacker

m1234w wrote: »

The overtime is offered to all employees though.

Also I have been told the reason by my supervisor who I guess has no idea of the new directive.

i havn't mentioned anything about these new rights to them because as you said if I kick up a fuss i could be out of a job but the longer this goes on, the more I am going to be inclined to seek compensation from the agency and/or the employer.

Can you prove that all other employees do overtime? If not then surely its dead easy for the employer to say....'nope only a select few were offered overtime'

Also remember that you may require a reference in the future so you really have to consider whether causing a fuss for the extra money is worth while.

Pick your battles is all I am saying.

marybelle01

m1234w wrote: »

The overtime is offered to all employees though.

Also I have been told the reason by my supervisor who I guess has no idea of the new directive.

i havn't mentioned anything about these new rights to them because as you said if I kick up a fuss i could be out of a job but the longer this goes on, the more I am going to be inclined to seek compensation from the agency and/or the employer.

They aren't the employer though. The agency is the employer. The company is the agency's client. And if the agency charge more for overtime than the employer can obtain overtime from their employees from, then they can't be forced to pay that just because you want overtime. And you also can't just run off and seek compensation either - you would have to "kick up a fuss" and lodge a grievance with your employer (the agency) first.