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Agency work - additional rights (12 weeks plus)

Curious if anyone has been in this situation, where working for same employer via an agency for over 12 weeks.

According to Citizens Advice, ACAS websites etc, after 12 weeks you're entitled to same pay and holidays as permanent workers employed directly.

A staff member where I work (not management, previous agency worker elsewhere) said it only applies to the accrued holidays, not the public holidays. Agency gives 28 days total (statutory minimum). Workplace get 27 accrued plus 19 (or possibly 21) public (2 extra days this year). Salary difference is around £4k. How does this work? Do agency just automatically sort it out? I've asked and they replied saying they don't understand my question and that holiday allowance is approx 0.5 days per week. It was vaguely mentioned on the phone though, so they definitely are aware (even if email response doesn't seem like it). I was just told a letter would be sent to employer. I'm worried they're not dealing with it and wondering what actually SHOULD happen.

Thanks in advance.

Comments

  • sangie595
    sangie595 Posts: 6,092 Forumite
    lesley74 wrote: »
    Curious if anyone has been in this situation, where working for same employer via an agency for over 12 weeks.

    According to Citizens Advice, ACAS websites etc, after 12 weeks you're entitled to same pay and holidays as permanent workers employed directly.

    A staff member where I work (not management, previous agency worker elsewhere) said it only applies to the accrued holidays, not the public holidays. Agency gives 28 days total (statutory minimum). Workplace get 27 accrued plus 19 (or possibly 21) public (2 extra days this year). Salary difference is around £4k. How does this work? Do agency just automatically sort it out? I've asked and they replied saying they don't understand my question and that holiday allowance is approx 0.5 days per week. It was vaguely mentioned on the phone though, so they definitely are aware (even if email response doesn't seem like it). I was just told a letter would be sent to employer. I'm worried they're not dealing with it and wondering what actually SHOULD happen.

    Thanks in advance.

    The answer is that the information here isn't what we need to know to answer the question. There are agencies that operate under something called the Swedish derogation - effectively by employing you themselves, and providing you with a limited amount of guaranteed income between assignments - and this allows them to sidestep the agency workers regulations. So you would need to explain your contract with the agency - it is possible that you aren't entitled to equality of terms.

    There aren't 19, never mind 21, public holidays! Do the employees really get 46 + days a year holiday?
  • vegasvisitor
    vegasvisitor Posts: 2,295 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Thanks for the reply.

    I'll get my contract out and have a look. What exactly am I looking for? I'm employed by the agency (which would be normal/ok?), but have no mention of limited guaranteed income between assignments.

    Yes, they do get that many, it's not an error. I need to get a permanent job there :rotfl:
  • JJG
    JJG Posts: 341 Forumite
    Part of the Furniture 100 Posts Name Dropper
    There are only 8 public holidays in the uk. (9 in Scotland if your employer recognises that.) Nowhere in the UK is there 19 public holidays.
  • vegasvisitor
    vegasvisitor Posts: 2,295 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    JJG wrote: »
    There are only 8 public holidays in the uk. (9 in Scotland if your employer recognises that.) Nowhere in the UK is there 19 public holidays.

    Number of public holidays is determined by the employer. As long as they meet the 28 days total minimum, they can split this however they like. I have stated the correct numbere of holidays . Staff members get 27 days plus 19 public holidays. I've checked some formal paperwork at this is how it is worded. I realise it sounds like a lot, but it is correct.

    What I need to know is how this works now that I'm going into week 13 and I've completed the 'qualifying period'. Do I just wait and expect to be paid full rate next week (week in arrears), or do I need to do anything? The agency sent a 'confused' response to me on Friday so I've emailed again and await response. I'm just making sure I have this all correct.

    I also wonder if the agency now has to charge the business more money. And I wonder how they will feel about that (ie will they consider ending the agreement). Or do the Agency pick up this cost from the cut they are making already?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    lesley74 wrote: »
    Number of public holidays is determined by the employer. As long as they meet the 28 days total minimum, they can split this however they like. I have stated the correct numbere of holidays . Staff members get 27 days plus 19 public holidays. I've checked some formal paperwork at this is how it is worded. I realise it sounds like a lot, but it is correct.

    What I need to know is how this works now that I'm going into week 13 and I've completed the 'qualifying period'. Do I just wait and expect to be paid full rate next week (week in arrears), or do I need to do anything? The agency sent a 'confused' response to me on Friday so I've emailed again and await response. I'm just making sure I have this all correct.

    I also wonder if the agency now has to charge the business more money. And I wonder how they will feel about that (ie will they consider ending the agreement). Or do the Agency pick up this cost from the cut they are making already?

    Who's the agency? Who's the employer?
  • vegasvisitor
    vegasvisitor Posts: 2,295 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Confidential, I'm not going to post that info, sorry. Why do you need to know?
  • sangie595
    sangie595 Posts: 6,092 Forumite
    lesley74 wrote: »
    Number of public holidays is determined by the employer. As long as they meet the 28 days total minimum, they can split this however they like. I have stated the correct numbere of holidays . Staff members get 27 days plus 19 public holidays. I've checked some formal paperwork at this is how it is worded. I realise it sounds like a lot, but it is correct.

    What I need to know is how this works now that I'm going into week 13 and I've completed the 'qualifying period'. Do I just wait and expect to be paid full rate next week (week in arrears), or do I need to do anything? The agency sent a 'confused' response to me on Friday so I've emailed again and await response. I'm just making sure I have this all correct.

    I also wonder if the agency now has to charge the business more money. And I wonder how they will feel about that (ie will they consider ending the agreement). Or do the Agency pick up this cost from the cut they are making already?

    The number of public holidays is determined by Parliament - not by employers. The employer can't be giving 27 days plus 19 days public holidays, because there are not 29 public holidays! They may be giving 19 fixed days and 27 floating days, but that is not the same thing.

    If you are entitled the additional terms after 12 weeks it should be automatic, but at this stage the law around this is pretty established so I can see no cause for confusion on the agencies part. But it does still come down to whether or not they are covered by the agency workers regulations. But no, it isn't normal to be employed by the agency - in many cases agency workers are now employed through umbrella companies - effectively self-employed.

    If you are entitled to the terms, then how that is managed is up the agency terms with their client, and nothing to do with you. And yes, of course you can have the placement terminated. They can't do so because of claiming the right to be treated equally, but they just have to find another reason and you won't prove otherwise.
  • vegasvisitor
    vegasvisitor Posts: 2,295 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    sangie595 wrote: »
    The number of public holidays is determined by Parliament - not by employers. The employer can't be giving 27 days plus 19 days public holidays, because there are not 29 public holidays! They may be giving 19 fixed days and 27 floating days, but that is not the same thing.

    If you are entitled the additional terms after 12 weeks it should be automatic, but at this stage the law around this is pretty established so I can see no cause for confusion on the agencies part. But it does still come down to whether or not they are covered by the agency workers regulations. But no, it isn't normal to be employed by the agency - in many cases agency workers are now employed through umbrella companies - effectively self-employed.

    If you are entitled to the terms, then how that is managed is up the agency terms with their client, and nothing to do with you. And yes, of course you can have the placement terminated. They can't do so because of claiming the right to be treated equally, but they just have to find another reason and you won't prove otherwise.

    The workplace call it just that, 19 public holidays. For the sake of argument on the terms they use though, it is 27 days to take when you like, plus 19 days which are fixed. I don't have this wrong, it's definitely correct.

    I know that how they manage it is not really my concern, but the agency still haven't given me an answer, and I am curious whether they will ask the workplace for more money which may of course lead to them letting me go and getting a new temp. I know I have no control over that, but it would be good to know where I stand and whether it's a problem to the Agency or the Workplace.

    I've now checked my contract and it talks about the rule. It doesn't say anything about being excluded from the rule. Hopefully I'll get hold of someone at the agency tomorrow, but I just have a feeling they're not wanting to know.
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