Rights Under AWR

celestesmummy

I am covered by AWR in my current working role, working PAYE through an Agency. I work on a 12 month renewable contract, running 1st January-31st December each year. In all the years I have worked here, the contract has never not been renewed and has always remained at the same rate as the previous year. There are several hundred Agency workers in the same situation as me, working for a very large, well known company.

Despite the Hiring company being aware that AWR was coming into force, it took until the end of February/beginning of March for the Hirer to adjust Agency rates to reflect their salaried equivalents. Agency staff were also told that as part of the new remuneration package they would receive an annual 'holiday bonus', in line with employees, amounting to approximately 11.33 days standard pay (equating to a third of the company's 34 days paid holiday entitlement), calculated from January 1st to December 31st. This bonus is paid to employees annually on 30th June each year, 6 months in arrears and 6 months in advance. It was explained that we would receive ours in two parts, 50% in June and 50% in December.

It is now the end of September and whilst the employees received their bonus in full as scheduled, some 12+ weeks later the Agency staff have still to be paid the promised June bonus payments. We have not even been sent confirmation of the amount of bonus we are to receive or how this needs to be claimed on our timesheets.

Furthermore, the company agreed a pay deal with their salaried staff last month as follows:

5% increase backdated from 1st January 2012 - 31st July 2012
6% increase from 1st August - 31st October
Plus an additional 2% from 1st November 2012.

Now, 6 weeks after the pay deal was agreed, Agency staff are still waiting to be officially notified that they are to receive a pay increase - we only have details of the deal because the employees we sit with have shared with us the terms of their pay deal agreement. Consequently, we are still being paid at the 'old' rates, even though the employees are now on their new, higher rates. Agency staff have not had their new hourly rates confirmed or had new POs raised for these increases and backdated pay - which amounts to a substantial amount of money. Given the fact that our rates were 'banded', in line with employee salary grades we believe the vast majority of Agency workers are owed a similar amount (or more) estimated to be in the region of £2,000+ before tax per person, rising with each week that passes.

I have asked my Agency if the hirer is aware that they are in breach of AWR and received this response: "I have already forwarded this query to *** from another contractor. They responded to say that as long as *** pay within the 12 months (up to 31st December 2012) they have not broken any AWR legislation, legislation does not dictate that it must be paid at the same time as their employees."

The Hirer has also introduced a 2-tier pay structure for new permanent hires – basically they receive about 10%-15% less in salary than those employed before 1st April 2012. This now means that as contracts come to an end or people leave, the jobs are being advertised at a much lower pay rate.

None of this seems right to me. Is anyone able to advise where we stand on this issue?