Denied overtime because I am an agency worker

m1234w

marybelle01 wrote: »

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.

overtime must be offered to agency workers if it is open to other employees so you are wrong

i am not planning on 'running off' either i will follow correct procedure unlike my present employers and agency

thanks for your reply though

m1234w

Googlewhacker wrote: »

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.

overtime is offered to everyone and regularly turned down by some.

Googlewhacker

m1234w wrote: »

overtime is offered to everyone and regularly turned down by some.

You're not answering the question, how would you prove it?

Notmyrealname

m1234w wrote: »

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

No they're not breaking the law. The new rules don't give you the right to overtime.

m1234w

Googlewhacker wrote: »

You're not answering the question, how would you prove it?

Not sure on this one.

Will need to seek legal advice

Notmyrealname

m1234w wrote: »

i am not planning on 'running off' either i will follow correct procedure unlike my present employers and agency

thanks for your reply though

The agency are your employers, not the company you're doing the work for.

Unbelievable.

And the agency cannot force their client to give you overtime.

m1234w

Notmyrealname wrote: »

The agency are your employers, not the company you're doing the work for.

Unbelievable.

And the agency cannot force their client to give you overtime.

Please read

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

M, what website you getting the info from please so I can have a look

m1234w

Googlewhacker wrote: »

M, what website you getting the info from please so I can have a look

Found this http://www.randstadtechnologies.com/for-clients/agency-workers-regulations-qa.html

First website that come up

m1234w

Notmyrealname wrote: »

The agency are your employers, not the company you're doing the work for.

Unbelievable.

And the agency cannot force their client to give you overtime.

Also ..............

The agency or umbrella company and the hirer can be accountable for breaching regulations.