What rights do I have on a temporary contract

misssarahleigh

I'm not planning on making a fuss but wanted to ask a question.

I've been working at a company 5 years in May and I'm still on a temporary rolling contract (between 1 month to 6 at a time depending on the reason for the excuse not to employ me properly).

I'm aware of the new law that agency working have to be paid the same wage, and don't think this applies to me.

However, my basic wage is at least 2-3k lower than the other office staff. This is because when my boss was convincing them to take me on a temporary contract (as I had been with them a year on the agency) the number had to be suitable to both. The company paid less for me and I got a 20% pay rise as the agency wasn't taking a cut.

Not only that, but everyone apart from myself is entitled to an attendance allowance which is £1k a year split by thirds (so everyone is running around with a £333 bonus every 4 months apart from myself).

Is there anything out there that covers me legally for being paid the same? It didn't bother me to start, but the more flimsy excuse they use not to take me on the more annoying it gets and the carrot of proper employment is dangled in front of me continuously.

Based on a rough guess, over the 5 years I've been here, and the difference in wages I've received between 15-20k less than the other people which I find unfair.

Any idea's welcome. I'm not going to be marching in demanding back pay or anything as I'm lucky to have a job, just wanted to know.

jimzilla

Hi Sarah, I have been on temporary wages on and off over the past 2 years, I have been getting more than the permanent staff due to the nature and lack of job security, this is generally the same for anyone in temp employment that I have spoken to.
In 1 instance I was receiving 8K more than the perm employees, I honestly don't think you're going to get a perm role there, I would be considering other options, they are relying on your desperation and taking advantage.

Cottage_Economy

I'm afraid I agree with jimzilla. I think you're being taken advantage of. When you said you were on a temporary contract I imagined maybe a year or two but five??

How are you making concrete plans for your future with something so uncertain?

Are you concerned if you make a fuss your contract won't be renewed?

misssarahleigh

I've had many conversations with my manager. She wants me on a permanent contract as well but it's the power that be that won't.

She informed me I would be given a great deal of notice if things were to go wrong and as far as she is concerned I'm not going anywhere as I'm needed it's just the 101 excuses from people at the top that won't sign a proper contract.

Missme

According to Direct Gov there are some instances where you're entitled to a permanent contract after 4 years.

"The limit on renewing a fixed-term contract

Any employee on fixed-term contracts for 4 or more years will automatically become a permanent employee, unless the employer can show there is a good business reason not to do so.
However, an employer and unions (or a staff association) may make a collective agreement that removes the automatic right to become a permanent employee in these circumstances."

As I read your post, you'll have been directly employed by the company for 4 years in May? Not sure if the agency year counts.

If you're planning on staying, chasing what may be owed might cause you problems but either way try and get some formal advice.

misssarahleigh

Missme wrote: »

According to Direct Gov there are some instances where you're entitled to a permanent contract after 4 years.

"The limit on renewing a fixed-term contract

Any employee on fixed-term contracts for 4 or more years will automatically become a permanent employee, unless the employer can show there is a good business reason not to do so.
However, an employer and unions (or a staff association) may make a collective agreement that removes the automatic right to become a permanent employee in these circumstances."

As I read your post, you'll have been directly employed by the company for 4 years in May? Not sure if the agency year counts.

If you're planning on staying, chasing what may be owed might cause you problems but either way try and get some formal advice.

It will be 5 years in May. The first of which was on the agency.

Missme

Actually, OP, if you look at the Employee Rights section, it clearly states you are entitled to the same pay.

"Employers must also ensure that fixed-term employees get:

• the same pay and conditions as permanent staff
• the same or equivalent benefits package"

If there's a union, maybe have a chat with them.

misssarahleigh

Missme wrote: »

Actually, OP, if you look at the Employee Rights section, it clearly states you are entitled to the same pay.

"Employers must also ensure that fixed-term employees get:

• the same pay and conditions as permanent staff
• the same or equivalent benefits package"

If there's a union, maybe have a chat with them.

Thats the badger! The isn't any type of union, hence my popping on here for a little advice.

In theory, if I didn't kick off now (as I need my job). Once I've left, would I be able to ask for the money I should have had?

Missme

Sorry, OP, I have no idea. Can't even suggest where best to go for definitive advice other than to an employment lawyer.

Prothet_of_Doom

Who is your CURRENT temporary contract with, and for how long have they paid your wages ?

I know you started 5 years ago work via an agency, but how long have you been directly paid by the company?

Oh and NOTHING to stop you joining a union of your choice.

misssarahleigh

Prothet_of_Doom wrote: »

Who is your CURRENT temporary contract with, and for how long have they paid your wages ?

I know you started 5 years ago work via an agency, but how long have you been directly paid by the company?

Oh and NOTHING to stop you joining a union of your choice.

I will have been directly employed by my company 4 years in May.

I know, the problem is about these types of situations is that if I start kicking off I'm never going to get a permanent role. Not how it should be, but it's how it is. I was unemployed for 6 months before this and couldn't get any type of job at all (straight out of uni and on the junk pile despite a long work history). Low point, failing a quiz to work at Tesco! I'm reluctant to risk making a huge fuss. Not only that, but I have the greatest respect for my manager who has always kept me going with a payslip.