Agency staff and the 12 week rule

1940sGal

I've just seen something mentioned on another thread about the 12 week rule for agency and I've just had a look at what it's all about on the direct.gov website. It says after 12 weeks you are entitled to the same rate of pay as if I had been recruited directly from the company.

Now I know for a fact that there were people there who did work for the company, not the agency, who were doing exactly the same job as myself (sometimes less since I was asked to become a line leader about 7/8 weeks prior to being laid off last tuesday). These people were on £1-2/hour more than agency staff.

Also, there were staff there who had been there for years and who were still under the agency. One woman left for another site under the same company and she had been there 4 years and was still agency.

My question is, even though it says I am entitled, does that automatically mean I should have been given a pay rise or is that something that's at the agency's discretion?

scooby088

It's not at the agencies discretion and I would be asking for the agency for the pay rise.

marybelle01

There are exceptions. It depends on how your agency employs you (some agencies operate under the Swedish derogation which gets around these regulations). And the regulations work if there is a rate for the job - if employees are all on different rates then they could just as easily point out that you are getting more than some of the employees. I'd suggest you check your facts to ensure the regulations apply to you - otherwise you may simply be stirrring up a storm that means the agency doesn't offer you any other work (since you mention that you have been laid off from that job).

1940sGal

Yes I have been laid off and now seeking other work as there's no possibility of going back there anytime soon. I've also signed on and have my first JSA interview at the job centre tomorrow

I do know some agency people's pay was different from others' but that was a tax/NI issue and when it came to hourly wage everyone was on NMW, which was £6.19 and rose to £6.31 a month or so ago.

I'm not sure how I'd go about finding if I should have been on more because tbh the guy who ran the agency was a complete a*hole and was fond of showing just how much better he thought he was than everyone else.

I wonder if I can write to head office in London (the place i worked was just an on-site branch) and ask them.