Agency worker payrise

paul1837

I currently work for an agency on a 'temporary' but rolling contract basis. Permanent employees employed by the company are to receive a pay rise in the coming months to the tune of around 2%.
My question is - as agency workers are entitled to the same pay (as long as it's the same job - which it is) - I should also be eligible for this pay rise?

I'd be grateful if anyone could assist with this as it's a slightly grey area and can't find much info specifically relating to payrises.

Thanks in advance,

Paul

z1a

Don't know, but wouldn't have thought so.

antrobus

paul1837 wrote: »

,,,
My question is - as agency workers are entitled to the same pay (as long as it's the same job - which it is) - I should also be eligible for this pay rise?
,,,

Rights after 12 weeks
After 12 weeks in the job you qualify for the same rights as someone employed directly. This is known as ‘equal treatment’.

Your rights include:

• ‘equal pay’ - the same pay as a permanent colleague doing the same job
• automatic pension enrolment
• paid annual leave

https://www.gov.uk/agency-workers-your-rights/your-rights-as-a-temporary-agency-worker

General_Grant

z1a wrote: »

Don't know, but wouldn't have thought so.

Answer provided so you can know.

TELLIT01

Are all employees receiving the rise of does it depend on their annual appraisal result? Are you currently on the same hourly rate as other employees? Presumably you will have to take this up with the agency and provide them with evidence of the payrise others are to receive.

paul1837

Yes, it’s a site-wide rise- and yes exactly the same rate of pay at the moment. So I’m assuming this would not be an automatic thing - and would require some input from me?

jobbingmusician

Why not write to the agency and say you are aware
- that the perm workers' rate of pay is going up
- that you are entitled to the same rate of pay (maybe put this nicely, you believe this to be the case, and thought it would be helpful to them to know that the standard rate of pay is going up so they can increase their rates to the client appropriately to enable them to pay you the new rate.)

Xbigman

The critical question is whether or not you are paid the same as full time employees now. If you are you should get the rise. If you are not you might get it but they don't have too.

Darren

System

antrobus wrote: »

Rights after 12 weeks
After 12 weeks in the job you qualify for the same rights as someone employed directly. This is known as ‘equal treatment’.

Your rights include:

• ‘equal pay’ - the same pay as a permanent colleague doing the same job
• automatic pension enrolment
• paid annual leave

https://www.gov.uk/agency-workers-your-rights/your-rights-as-a-temporary-agency-worker

Doesn't apply if the agency is using the Swedish Derogation - see "Pay between assignments contracts".

https://www.gov.uk/agency-workers-your-rights/pay

System

jobbingmusician wrote: »

Why not write to the agency and say you are aware

- that you are entitled to the same rate of pay

They most likely aren't as most agencies use the Swedish Derogation so as long as they pay an agency worker a minimum amount in any week there's no work they don't have to give equal pay under AWR because the agency worker is in fact an employee of the agency.

Good news is on December 17th 2018 the government announced they were closing the loophole. Downside is it isn't expected to be implemented until April 2020.