Denied overtime because I am an agency worker

Notmyrealname

m1234w wrote: »

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

No, what you get paid is inline with the permanent staff. The agency will be billing the client a hell of a lot more than employers NI and holiday pay.

LittleVoice

Notmyrealname wrote: »

No, what you get paid is inline with the permanent staff. The agency will be billing the client a hell of a lot more than employers NI and holiday pay.

If the OP says his wage is in line with permanent staff is that not the same as saying he is being paid in line with permanent staff?

If the concern is about the cost to the client/employer then, if the agency have a flat rate for their hourly profit, there is no additional cost to the client for employing an agency worker for the overtime as they would pay employers NI on their own employees and if the overtime is classed as such on the agency worker's timesheet it would not need to be subject to an addition for holiday pay.

marybelle01

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.

And I have read the actual law and the offical guidance produced by the government department responsible for the legislation, and nowhere does either say you are entitled to overtime. Only to the same rate of overtime pay.

You didn't mention holidays before, but if you aren't getting the same holiday as comparab;e workers then that is the agencies fault and your remedy lies against them and not the client.

SteProud

One of the current problems with AWR is that in several places the guidance document contradicts the actual legislation. It is the legislation that is important as no tribunal judge will ever make a decision based on the guidance, they will always look to the legislation itself.

And in the actual legislation it does state that agency workers are entitled to the same overtime rates but it does not make any provision for access to overtime.

daveboy

End result is you do not have a statutory right to be given overtime, simply if overtime is offered and you do it, you are entitled to the same rate of pay.

So, after all of your bluster, you have no legal entitlement to overtime. Unlucky.

KiKi

OP, I just wanted to point out that the AWR sections you quote from are a website which are an interpretation of the AWR by an agency.

They are not the actual regulations.

That's not to say the interpretation of the AWR is incorrect, but you are reading a company's own interpretation, not the actual regs, and certainly not the interpretation of an employment law specialist.

So although you keep quoting, I do suggest you read up on the actual regs themselves. I'd offer to help, but this really isn't my area.

KiKi

m1234w

daveboy wrote: »

End result is you do not have a statutory right to be given overtime, simply if overtime is offered and you do it, you are entitled to the same rate of pay.

So, after all of your bluster, you have no legal entitlement to overtime. Unlucky.

Grow up ........

nightingalesgarden

So why were the regs bought in....?

To stop employers taking the p*ss and employing agency employees with zero benefits to fill gaps in their workforce long term....

To stop employers hiding behind the agency to justify the lack of equal pay/other rights....

Nothing about equal access to unequal terms e.g. after a period you moved to perm employment on enhanced agency terms...the same argument as your overtime question...

I think if that was the case - employee representatives might have been hitting the headlines/streets!