Denied overtime because I am an agency worker

LittleVoice

@m1234w - if you know so much about the AWRs, what was the purpose of your original post?

m1234w

Wasn't 100% sure. Just thought I'd come on here, think out loud and get some input from people who have been through similar if that's ok?

Or shall we just close the forum?

LittleVoice

m1234w wrote: »

Wasn't 100% sure. Just thought I'd come on here, think out loud and get some input from people who have been through similar if that's ok?

Or shall we just close the forum?

The thread didn't come over like that. It sounds like whatever thoughts others have you are going to counter with what you know.

Any way . . .

Did you get a payrise after you had been with this client for 12 weeks? If not, does that mean you are paid more than the directly employed staff or were paid the same as them to start with?

Does the person who says the boss won't pay the agency rate for overtime know what the amount would be? Does the boss?

If you are simply being paid the same and not more than the others then, if the agency builds in a flat fee for the hourly rate profit, there would be no difference to the employer for giving you overtime compared with a regular employee. The "boss" may not know this.

marybelle01

Funny. I've gone and read the legislation. I've gone and read the Department of Business and Industry guidance. And exactly nowhere in either does it say that there is a right to overtime. Only that there is a right to be paid the same overtime rate as comparable employees. But nothing that says you have to be offered overtime in the first place.

DevilsAdvocate1

And you will probably find that some employees are paid to do a job and do not get overtime. In all places that I worked, accountants, managers, computer programmers and other professionals were paid to do a job. If that meant overtime was needed then it was done without any extra payment. I would imagine most places operate in a similar manner. So if just one manager cannot get overtime, because they are paid to do a job, then not all employees are offered it.

daveboy

Companies with any sense would not use agency for overtime because of the higher cost of doing so. My employer won't use agency for overtime unless they are short on permanent staff wanting to do it.

That is how it should be. Just as the agency staff should be sent home when there isn't any work.

It's not unlucky Leicester (to quote your childish PM). I have a permanent job and am not scrambling around wondering if I've been shafted by an industry that makes its profit from shafting people.

Nothing better than admitting you can't manage your finances or find permanent employment. Unlucky mate. I can sleep soundly at night knowing I won't have everything pulled from under my feet suddenly. Unlike you.

m1234w

marybelle01 wrote: »

Funny. I've gone and read the legislation. I've gone and read the Department of Business and Industry guidance. And exactly nowhere in either does it say that there is a right to overtime. Only that there is a right to be paid the same overtime rate as comparable employees. But nothing that says you have to be offered overtime in the first place.

I have quoted guidance from the AWR about 3 times in this thread already about overtime entitlement. Please dont make me do it again.

My hourly wage on the agency is already inline with permanent staff.

As an aside, I get 28 days paid holiday entitlement with the agency. Equivalent perm staff get 33 but I have not even been given this. Spoke with agency, they acknowledge I am entitled to it but keep getting fobbed off.

Oh and Daveboy why don't you shut your mouth. Agency work is just fine for some people including myself. I couldn't give a flying f**k about the job I am in as I could get similar or better no problem (yes even in this climate) and that's why I want to press who I'm with now for what I am ENTITLED TO BY LAW.

anamenottaken

m1234w wrote: »

I have quoted guidance from the AWR about 3 times in this thread already about overtime entitlement. Please dont make me do it again.

My hourly wage on the agency is already inline with permanent staff.

As an aside, I get 28 days paid holiday entitlement with the agency. Equivalent perm staff get 33 but I have not even been given this. Spoke with agency, they acknowledge I am entitled to it but keep getting fobbed off.

Oh and Daveboy why don't you shut your mouth. Agency work is just fine for some people including myself. I couldn't give a flying f**k about the job I am in as I could get similar or better no problem (yes even in this climate) and that's why I want to press who I'm with now for what I am ENTITLED TO BY LAW.

I do not believe you have posted guidance from the AWRs. You have posted quotes from guidance about the AWRs. The quote you have about offers of overtime is not even from an official government website.

agrinnall

No need to get abusive because you don't agree with someone.

The fact that you have quoted from a Q&A page provided by an agency doesn't mean that it's right. I suggest you take a look at the Statutory Instrument itself then show us exactly where the word 'overtime' is used.

http://www.legislation.gov.uk/uksi/2010/93/pdfs/uksi_20100093_en.pdf

Notmyrealname

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?

YOU ARE NOT EMPLOYED BY THE PLACE YOU WORK AT. You are employed by the agency.