Agency Workers rights after 12 weeks - Anyone familiar about it

Stylehutz

Hello

Is anyone out there familiar with employment agency workers rights after 12 weeks employment with a company. I believe that new directives were bought in last year so that after 12 weeks agency staff had the same rights and benefits as employees employed direct from the company. Are there any agency staff out there who have experienced this or benefited immediately from this.

I have worked 11 weeks with an agency and the employees employed direct by the company enjoy the following benefits which I dont experience.

1) Better pay reflected in their hourly wage for the same job
2) Overtime (never get asked)
3) Flexi hours
4) Free Car parking
5) More holidays

Would I expect after next week to be given the same rights and benefits as the staff employed direct with the company. Personally it looks to good to be true. If anyone knows for certain or if there are any agency staff out there who have worked more then 12 weeks with an agency and are now benefitting from the new directives, it would be good to hear from. Thanks

Cookiee

Hi I don't know if this is 100% but it was off the Gov website. My OH did not receive this when he worked for a placement for 6 months so will have to check with the agency 1st:https://www.gov.uk/agency-workers-your-rights/do-you-qualify-for-equal-treatment-after-12-weeks

Takeaway_Addict

Stylehutz wrote: »

Hello

Is anyone out there familiar with employment agency workers rights after 12 weeks employment with a company. I believe that new directives were bought in last year so that after 12 weeks agency staff had the same rights and benefits as employees employed direct from the company. Are there any agency staff out there who have experienced this or benefited immediately from this.

I have worked 11 weeks with an agency and the employees employed direct by the company enjoy the following benefits which I dont experience.

1) Better pay reflected in their hourly wage for the same job
2) Overtime (never get asked)
3) Flexi hours
4) Free Car parking
5) More holidays

Would I expect after next week to be given the same rights and benefits as the staff employed direct with the company. Personally it looks to good to be true. If anyone knows for certain or if there are any agency staff out there who have worked more then 12 weeks with an agency and are now benefitting from the new directives, it would be good to hear from. Thanks

You do realise that if you create to much of a fuss they may just say bye?

Also, there are exemptions as far as I am aware, something to do with the swedish model? Google it.

anamenottaken

I'm pleased to say that last Christmas (12 weeks after the introduction of the AWRs), I did begin to benefit. My hourly pay increased and the rate at which I accrue holiday improved.

The right to free car parking should be on the same basis as directly employed staff. So if they would have to wait to get it, so would you. If it is available from Day1 for employees of the same grade as you, then you too would be eligible.

Stylehutz

anamenottaken wrote: »

The right to free car parking should be on the same basis as directly employed staff. So if they would have to wait to get it, so would you. If it is available from Day1 for employees of the same grade as you, then you too would be eligible.

Interesting quote regarding car parking, The firms car parking facilities are on a rota and the agency staff don't get a look in.

Would be more concerned at the moment as things stand regarding having equal pay and holiday allowance as the same employees employed directly with the company

Thanet62

Yes the AWR rights kicked in for me in January last year and my pay went up from min wage to over £10 PH.

However I would put in a word of caution my agency did not use me for one single shift this year so by not getting much needed Christmas work the pay benefit for 2012 was somewhat eroded!!

The reason....the company I would have worked for brought in staff directly on Min wage.

AWR sounds all very well but when it comes down to £££ and a huge pool of desperate people willing to work for min wage so called "rights" don't mean a thing.

yvonne13_2

OP if you haven't worked over the Christmas will they not count that week as being a break therefore you would have to start week one again when your back?

anamenottaken

yvonne13 wrote: »

OP if you haven't worked over the Christmas will they not count that week as being a break therefore you would have to start week one again when your back?

No.

The periods are added together.

For example, work 8 weeks, take 3 weeks off, work 4 weeks and you have 12 weeks in total.

Breaks were included in the regulations to avoid employers laying off for a short while in order to get out of paying properly.

flowers2veg

I am not a fan of these rights the company I work for now always lay of the temps before they get to 12 weeks meaning I am always having to train new people, previously they would get about seven months work with us, I guess there are winners and losers hope it works out for you.

SarEl

Assuming that you actually do qualify under the agency workers regulations, which we cannot be sure of, then the entitlements fall into two groups: access to facilities count from day one of an assignment; and basic employment condition from week 12. So in terms of your "shopping list" the car parking falls into the former, and the flexi working doesn't fall into either. Flexi working is a policy entitlement, not a basic employment condition, and so technically the client does not have to offer it to agency workers, although most would anyway, simply because it is nil cost.

You have also misunderstood the requirements vis-a-vis overime - the regulations entitle you to the same payment rates for overtime, not to be asked to do overtime in the first place! The regulations do not provide for the same rights and benefits - only for some of the same rights and benefits, and even then, it is not the same rights and benefits as employees, but the same rights and benefits as comparable employees.

So there is a question as to whether your agency using the swedish derogation model which would exclude you from the probisions of the AWR; what rights it actually entitles you to because it is not a carte blanche, and from when; and whether there are comparable employees. And all that is before you get anything.

In my experience, at this stage, agencies are perfectly aware of the regulations, and have no intention of falling foul of them - they have either organised matters so that the regulations do not apply, or they comply with them - or they terminate the assignments of anyone expecting them to. You have to decide whether the latter risk is worth it.

yvonne13_2

OP have you got an update?