Denied overtime because I am an agency worker

Googlewhacker

It does say you need to tell them within 30 days of the breach, might want to double check that but if that is the case you would need to make your mind up fairly sharpish

m1234w

Googlewhacker wrote: »

It does say you need to tell them within 30 days of the breach, might want to double check that but if that is the case you would need to make your mind up fairly sharpish

Thanks google.

Yes i will have a think. Can the employer give me a bad reference if i go down this route of highlighting their breach of regulations?

marybelle01

You have checked that you are actually covered by the regulations with the agency, haven't you. Because a number of agencies have found a way around them! Do you know yours haven't?

Any which way though, I expect this all to end in tears before bedtime. Rights are great. Unfortunately your rights don't include the company continuing your contract with the agency, or the agency finding you any work when their client tells them they don't want you. Until they do your miniscule possible compensation for a breach of the regulations is hardly going to make up for the loss of income.

marybelle01

m1234w wrote: »

Thanks google.

Yes i will have a think. Can the employer give me a bad reference if i go down this route of highlighting their breach or regulations?

And again. They are not your employer. The agency is your employer. Assuming you are their employee and not a contractor.

Googlewhacker

m1234w wrote: »

Thanks google.

Yes i will have a think. Can the employer give me a bad reference if i go down this route of highlighting their breach of regulations?

If its factually correct yes they can give a bad reference but a lack of reference can be just as damaging.

daveboy

I actually like my workplace when it comes to agency staff.

If the amount of work to do runs too short, it's bye bye agency staff. I've known a shift to start at 7am and they've been sent home at 9am. Shame that. I'm permanent and continue until 2pm. Agency = 2 hours pay. Me = 7.5 hours pay.

Agency staff have no right to do overtime. This is fact. It is for the company that uses the agency to offer this, and would only occur if not enough permanent staff had agreed to do the overtime and the work needed doing.

Some agencies force their staff to do 2 hours extra if workload is too high, without the staff knowing before they go in to work. You either do it, or there is no work for you.

Agencies are gutter employers who are simply interested in what they can get out of using you. This 12 week thing made me laugh as it just means agencies rinse and recycle people. 11 weeks and 6 days in one workplace, then on to the next one. Bingo.

I feel very sad for agency staff. To me they are the most desperate of the desperate, and must enjoy being taken advantage of.

Think yourself lucky you don't work for Staffline. Now they are ridiculously bad. But you need to be from Poland to get work with them anyway.

SteProud

OP - who is your current contract of employment with and do you know if it is a swedish derogation contract (something brought in as a result of AWR)

Sambucus_Nigra

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.

A - it says should, not must
B - offered to ALL means just that, ALL - so if it is not offered to just one person then it does not have to be offered to agency workers. All they have to do is get one person to say they aren't offered overtime and bingo.

Why don't you ask if you can just be paid overtime at the rates of the other employees? Rather than agency rates?
C - if you highlight this, you will probably be out of the door quicker than you can say 'can I have my P45 please'...

m1234w

Nice post daveboy but hey don't let facts get in the way of an ill-informed rant

daveboy wrote: »

Agencies are gutter employers who are simply interested in what they can get out of using you. This 12 week thing made me laugh as it just means agencies rinse and recycle people. 11 weeks and 6 days in one workplace, then on to the next one. Bingo.

Can we avoid giving the workers equal rights? What are the “anti-avoidance provisions”?
No. It is important that clients and agencies not try to avoid equal treatment by rotating workers between a series of 11-week assignments in “substantively different” roles so the worker never qualifies for equal treatment.
The regulations include a series of deterrents, known as the “anti avoidance provisions”, to ensure that all parties avoid abuse of the regulations. These include:
•A worker can bring a claim in the employment tribunal that the client and the agency have breached the regulations.
•An award of up to £5,000 compensation can be made to the worker.
•There is a minimum award of two weeks' pay.

daveboy wrote: »

Agency staff have no right to do overtime. This is fact. It is for the company that uses the agency to offer this, and would only occur if not enough permanent staff had agreed to do the overtime and the work needed doing.

Is overtime included in the regulations?Overtime should be offered to agency workers if it is offered to all permanent employees of the hirer. Payment for overtime hours is included in the equal treatment principle as is payment for unsociable hour premiums and shift allowances.

And as for agency workers being the desperate of the desperate hahahahaha !!!!!! are you on? Being on agency suits me down to the ground. Except of course when I am being illegally shafted by them

m1234w

SteProud wrote: »

OP - who is your current contract of employment with and do you know if it is a swedish derogation contract (something brought in as a result of AWR)

No special contract. All current AWR's apply