Am I being paid the right amount?

Delh75

Last June after being made redundant I signed with a job agency as there was a job I wanted, but the company only recruit via this agency.
I was told it was minimum wage for 12 weeks but there would be a chance of a full time position with the company and my pay would then increase.
After 12 weeks I was told all jobs had been froze due to a reshuffle. Most agency staff were laid off but they asked me to stay on as I had impressed them.
My pay was then put up by the agency by a whopping 15p per hour to £7.65.

Im still in the same job, still via the agency and still waiting for a full time position. My wage went up to £7.83 recently (I'm over 25)

Anyway yesterday I demanded a meeting with the boss after another promised job fell thru after someone came back from long term sick.
I told him I couldn't go on at £7.83 as it's financially crippling me (I'm married with 3 kids).
He was surprised, he said from week 13 he had been paying the agency an extra £2 an hour as they told him they had to increase my wage.

He said from week 13 I should of been on £8.45 per hour as this is what the guy I work with who's employed by the company gets, and his company pay the UK living wage as a minimum .
He said I as far as he knew I was on £8.45.
I'm also getting way less holidays than his full time staff which again he said he believes I should get the same holidays.

I rang the agency this morning as was told the max they pay is £7.83 per hour and it's doesn't matter how long I work at this company for they will not be increasing my pay.

The company boss is looking into it for me as he believes I should be on the same pay as his full time staff.

Who is right? I've been in this job a few weeks off a year, and I'm getting around a £1 an hour less than the others but I'm in the same role, doing the same hrs but for less pay and holiday.

Thanks in advance

RichardD1970

AFAIA after 12(?) weeks agency should have the same pay and conditions as contracted staff.

At least the boss is on your side.

Sncjw

Could you get employed by the company rather than through an agency so you get the full benefits of the job

[Deleted User]

Delh75 wrote: »

Who is right? I've been in this job a few weeks off a year, and I'm getting around a £1 an hour less than the others but I'm in the same role, doing the same hrs but for less pay and holiday.

Thanks in advance

You need to check your agency terms, whatever you were given in writing. Perhaps you only have to give a week's notice instead of a month so have rebate that way etc.

The company where you carry out your assignment aren't innocent in all of this. How did they carry accross your colleagues (if as you say you can only get role via recruitment agency) and not you?

I've seen people crushed for using agencies as it totally depends on the company terms between agency and the client (employer).

engineer_amy

Under Agency Worker Regulations you must receive the same basic pay conditions and holiday allowance as a comparable permanent employee after the 12th week, unless your agency is using the Swedish Derogation model which means you would get paid between assignments.


Both the agency and the company are responsible for ensuring you are paid correctly, and you could claim against both.


The first step I would take is sending a strongly worded email mentioning AWR to the agency. they have 28 days to respond. if no response after 30 days, you have to send it to the hirer/company. if the agency do not rectify the pay, the company must either put pressure on the agency to do so, or the company must rectify it themselves. If neither fix it, you would have to take them to tribunal.


page 44-45 of this link sets out the process, but the whole document is helpful in understanding your rights
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/32121/11-949-agency-workers-regulations-guidance.pdf

Delh75

Thank you all.
It's with a local council. They now only recruit for summer staff thru a agency.
The best workers get kept on past summer, still working via the agency until a permanent job becomes available.
Unluckily for me and the other guy who was kept on all jobs were frozen but they asked us to remain on the agency as they don't want to loose us and once allowed (jobs unfrozen) we will be offered full time jobs.

A full time position was to become available and i was in line for it but it fell thru due to someone coming back unexpectedly after a long time off, and asking for a transfer to our dept.

I had a meeting and mentioned the agency pay was crippling me and was told that from week 13 they had been asked to pay an extra £2 a hour to the agency to cover my wage increase after completing 12 wks.

The council pay the UK living wage of £8.45 as a starting salary. I was on £7.50 and then after 12 weeks the agency put it up to £7.65.
The council believed I (and the other guy) were being paid £8.45 per hour, so they are now looking into it with the agency.
As for holidays, council staff get 5 wks plus bank hols. I earn 1.9 days holiday every completed month and have to use a days holiday for bank hols.

I think I've been getting well and truly shafted by them tbh.
I never knew the rules as I've never used an agency before.

Delh75

If I've been underpaid about 80p an hour for the past 9 month would I be able to ask for the money?