Agency workers rights.

jackson56

Unfortunately bonuses rewarded by the company would go to contractual employees. As you do not technically work for the company but an Agency the same rules would not apply. (Unfair I know).
However could you and other people lodge a letter to the company not the agency outlining your feelings? See if that encourages any movement.

In regards to Shift Allowance that is Statutory payment if you work inflexible times which I presume you do. This should be displayed in your payslip. However if you are paid over minimum wage it could be argued the additional payment makes up your Shift Allowance so look into that.

antrobus

jackson56 wrote: »

Unfortunately bonuses rewarded by the company would go to contractual employees. As you do not technically work for the company but an Agency the same rules would not apply. (Unfair I know). ....

Nope.

After 12 weeks with the same hirer, agency workers are entitled to the same basic terms and conditions, including pay, as if they had been employed directly by the hirer ..... “Pay” includes ..... bonuses or commission payments directly attributable to the amount or quality of the work done by the individual

https://app.croneri.co.uk/topics/agency-workers/guide-agency-workers

The OP stated that "my colleagues who are employed directly are all receiving a bonus of between £900 to £1400 based on how their performance has been graded by the airport. My performance was also graded but obviously no bonus."

That sounds to me like a directly linked to the contribution of the individual.

System

antrobus wrote: »

Nope.

After 12 weeks with the same hirer, agency workers are entitled to the same basic terms and conditions, including pay, as if they had been employed directly by the hirer ..... “Pay” includes ..... bonuses or commission payments directly attributable to the amount or quality of the work done by the individual

Very nice. Now google the Swedish Derogation of the AWR which agencies can and do currently use to get around the equal pay after 12 weeks by paying a nominal amount between contracts - you become an employee of the agency so therefore the AWR doesn't apply.. My agency use the Swedish Derogation and it robs me of £5/hr and I've only had a couple of weeks in 3 years with no work where they've had to pay me.

17th December 2018 the govt announced they were revoking the derogation but as I understand it, only to come into effect from April 2020.

MrPneedsAdvice

already looked into the "Swedish Derogation of the AWR" no mention of this in my contract or pay between assignments.

As has my solicitor, so all looking good at this stage with a strong case.

MrPneedsAdvice

I didn't get additional payments, i was paid less than the directly employed workers.

MrPneedsAdvice

***UPDATE*** my tribunal date is in November