Temping and Agency Workers Regulations

Stylehutz

Looking for advice from anyone out there who may possibly work in HR at a company where they employ long term temporary staff.

As a long term temporary worker, I have some of these benefits as permanent employees at the same company. These include the obvious ones as same rate of pay and similar holiday allowance.

Others I would not expect to get e.g company sick pay and company pension benefits as I am obviously not employed directly by the company.

Other benefits I don't get as a temp which my permanent colleagues get include free car parking done on a rota, flexitime and no overtime even though it is offered to all the other permanent staff.

I am not concerned about car parking or flexi time as I am reasonably happy with the set hours I work. I do have a bit of an issue over the overtime policy because I feel that under The new AWR I should be offered and entitled to this.

Can anyone with HR experience maybe advise me that I should have a right to work overtime as the permanent staff are allowed. It's difficult as an agency worker to complain about these things as the agency are likely to just get rid of you if you are seen as being a troublemaker.

Thanks in advance for any answers on this

CCFC_80

Think you should have equal rights as permanent employee on Overtime as I thought that was what the new AWR meant.
I would query it with the agency as it seems a valid question to ask

LittleVoice

Stylehutz wrote: »

Looking for advice from anyone out there who may possibly work in HR at a company where they employ long term temporary staff.

As a long term temporary worker, I have some of these benefits as permanent employees at the same company. These include the obvious ones as same rate of pay and similar holiday allowance.

Others I would not expect to get e.g company sick pay and company pension benefits as I am obviously not employed directly by the company.

Other benefits I don't get as a temp which my permanent colleagues get include free car parking done on a rota, flexitime and no overtime even though it is offered to all the other permanent staff.

I am not concerned about car parking or flexi time as I am reasonably happy with the set hours I work. I do have a bit of an issue over the overtime policy because I feel that under The new AWR I should be offered and entitled to this.

Can anyone with HR experience maybe advise me that I should have a right to work overtime as the permanent staff are allowed. It's difficult as an agency worker to complain about these things as the agency are likely to just get rid of you if you are seen as being a troublemaker.

Thanks in advance for any answers on this

Perhaps this reply will be posted. My earlier one disappeared - but then it was responding to a post which was then "quoted! as a request to mods to move it because it had been posted in the wrong section!

Any way, I can't imagine there is a clause in any of the directly employed staff's contracts of employment which says they are entitled to receive offers of overtime. Therefore this is not something which the OP should expect to form part of their equality treatment.

On the other hand - the car parking is something which should be available on the same basis as it is to directly employed staff.

Stylehutz

LittleVoice wrote: »

Perhaps this reply will be posted. My earlier one disappeared - but then it was responding to a post which was then "quoted! as a request to mods to move it because it had been posted in the wrong section!

Any way, I can't imagine there is a clause in any of the directly employed staff's contracts of employment which says they are entitled to receive offers of overtime. Therefore this is not something which the OP should expect to form part of their equality treatment.

On the other hand - the car parking is something which should be available on the same basis as it is to directly employed staff.

Thanks for the reply. Really not to concerned about car parking because I get a lift in most mornings with my other half. Think you may have missed the point regarding overtime as I am just never offered it probably because I am a temp where as permanent staff are.

LittleVoice

Stylehutz wrote: »

Thanks for the reply. Really not to concerned about car parking because I get a lift in most mornings with my other half. Think you may have missed the point regarding overtime as I am just never offered it probably because I am a temp where as permanent staff are.

I don't think I missed the point about overtime.

I don't think you can expect to be offered overtime simply because permanent staff are offered it. They are extremely unlikely to have a right to overtime working and therefore you too have no right to be offered overtime.

Stylehutz

LittleVoice wrote: »

I don't think I missed the point about overtime.

I don't think you can expect to be offered overtime simply because permanent staff are offered it. They are extremely unlikely to have a right to overtime working and therefore you too have no right to be offered overtime.

As I say, wouldn't this be part of AWR for temporary staff to be offered the same rights/benefits as permanent staff. The permanent staff might not have a right to work overtime but when the company ask for it temporary staff are never considered.

As stated in my opening post, I am looking for a reply from someone who may work in HR where their company employs temporary staff to see if this is in line with AWR

Galaxy1987

I have employed agency workers in the past.

What littlevoice is trying to say is the AWR only ensures that agency workers get the same contractual rights as employees. But as overtime may not be a contractual right then the AWR does not work with overtime.

As with overtime, unless contractual no one has the right to it.

I.e. 2 employees and 1 agency worker all doing same role. I could offer 1 employee overtime without giving anything to the other employee or agency worker and nothing could be said or done by it as it is not a contractual right.