5 Years as Agency

SuperPikachu

Are there any laws whereby an Employee should take you on as permanent after you have been agency for a certain amount of time? I will have been at my work for 5 years in January and we are still only on agency contracts.

Or is it tough luck, find a new job

StevenB12

It varies for different companies. MOST operate a policy where if you are there for up to 3 years without a break in the contract then they have to take you on on a permanent basis. But it all depends what the company policies are and even what the job was advertised as. It if was advertised as 'on going' then as far as I know they are under no obligation to make it a permanent contract through them selves. Silly really when they are paying more for you to be there through agency.

I know people who have been doing agency work for 15+ years and haven't been taking on permanent. If that is what you are after then it may be worth bringing it up the manager at your current place and see what happens. Other than that all I can suggest is to look for a permanent similar role.

SuperPikachu

Well that is interesting that you mention about 3 years. When I originally joined it was through a job agency I was signed up with, and they have actually made us change agencies during my time here - so I assume that was them getting around that rule?.

We recently have a new "Head of Customer Experience" who is doing a shake up in the business. I asked him if we would always be agency and his response was "Well I need to work out who I need first". Which to me was a huge red flag, even If I am being paranoid.

StevenB12

When I worked at my local council, we would take on seasonal workers on 6 months contract usually, but this was never a fixed time period, some of them got a year, some a little bit more, but the rule always was if you were there for a solid 3 years without that contract being broken, you had to at the very least get an interview for the chance of that job on a permanent basis, happened for about 4 people. Rest of them would just get a seasonal/ongoing contract, get laid off over christmas for a few weeks, then come back, but that would be the break in the contract.

As you mentioned if you have had to change agencies, it will be a new contract for each one. As for the management saying that I wouldn't overly read to much into it.., might be a good time to see what jobs are out there and apply, but if your company has a few agency workers then they might be looking to cut back, but if you have been there for 5 years and ongoing then it says you're doing well and obviously play a part.

sangie595

But, if you are agency staff then the agency is your employer. Not the client. It doesn't matter how long toy have been with the client - you are still agency staff and they owe you nothing. I don't know where StevenB12 gets his information that "most" companies operate a rule that the client must take you on after three years - after some 30 years in the union, I have never come across a company with that policy!

StevenB12

I get my information from the companies I have worked for that have done this, I assume your 30 odd years in the Union covers every companies working policies?

StevenB12

My local council operated that policy and still do operate that policy, if you wish you are more than welcome to contact them?

My current employer operates this policy where by if you work on a fixed term contract with them for more than 2 years through an agency, you are giving an interview at the very least for that position?

Just because YOU haven't heard or seen of it, doesn't mean it's not happening.

engineer_amy

we have quite a number of clients who prefer to leave staff on our agency books long term. One particular client has had the same temp for 7 years. They prefer the flexibility of not employing someone directly, and fewer legal responsibilities, even though it may cost more to pay the agency.
Other clients take the temps onto their books strictly after 13 weeks. There is no hard and fast rule, each company will do what works for them.
The only law around this area is the Agency Worker Regulations (AWR) stating that after 12 weeks of working continuously for the same end client, you are entitled to receive the same basic pay and bonuses as a directly employed worker doing the same job, and access to the same facilities as offered by the client, including being allowed to apply for permanent jobs with that client.

polgara

StevenB12 wrote: »

I get my information from the companies I have worked for that have done this, I assume your 30 odd years in the Union covers every companies working policies?

Local policies and the law aren't the same thing though

SuperPikachu

engineer_amy wrote: »

The only law around this area is the Agency Worker Regulations (AWR) stating that after 12 weeks of working continuously for the same end client, you are entitled to receive the same basic pay and bonuses as a directly employed worker doing the same job, and access to the same facilities as offered by the client, including being allowed to apply for permanent jobs with that client.

Well the perms get bonuses and we do not - they also get sick pay which we do not, should we be entitled to that then?

engineer_amy

Greatorex1987 wrote: »

Well the perms get bonuses and we do not - they also get sick pay which we do not, should we be entitled to that then?

If the bonus is directly linked to individual performance, then AWR rules state that you should be receiving it. Occupational sick pay (over and above SSP) does not fall with in AWR so you would not be entitled to that.
Here is the doc that I refer to https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/32121/11-949-agency-workers-regulations-guidance.pdf
The main bit you want is pages 29-35 for pay, bonuses, holidays, breaks etc.