AGENCY WORK

Djw313

The company i work for will soon receive back pay as an agency worker for nearly two years am i 
also entitled to back pay 

Marcon

Djw313 said:

The company i work for will soon receive back pay as an agency worker for nearly two years am i 
also entitled to back pay 

Unlikely, but what does your contract with the agency say? You'd need to check that, or check with the agency, to be sure.

DullGreyGuy

Djw313 said:

The company i work for will soon receive back pay as an agency worker for nearly two years am i 
also entitled to back pay 

Did you not receive the money you were contracted to receive?

Why is the agency getting "back pay"? Why do you think you'd be entitled to any of it?

Normally the monies the agency receive and the money you receive are unconnected... they may get performance related bonuses etc but unless you negotiated a share as standard thats just for them. Its no different if you are directly employed call centre agent and your employers sales double... you still just get your £25,000 salary as normal just as you would have if their sales had halved 

Grumpy_chap

Djw313 said:

The company i work for will soon receive back pay as an agency worker for nearly two years am i 
also entitled to back pay 

Are you saying that the directly employed staff are receiving a backdated pay review?
And your question is whether you will receive the same?
Usually Agency staff are not subject to the same pay agreements as direct employed staff.

Djw313

I don't think it is a case of what the contract says it's what the law may say I'm led to believe Agency staff are entitled to the same pay as employed staff receive for the company they work for.but i am trying to find out if it includes back pay from a pay rise they receive 
i shall need to check if i have a contract from the agency 
Employed staff are receiving backpay for a pay rise 
i believe the law does say Agency staff should receive the same pay as staff employed by the company 

Grumpy_chap

The OP appears to be referring to the Agency Worker Regulations:
https://www.acas.org.uk/agency-workers/understanding-your-employment-rights-as-an-agency-worker

These appear to have a number of elements that are very hard to enforce in a meaningful way.  With regard to "paid the same", it would require everyone in a job role at the employer to be on the same pay in any case.  Often, individuals in the same job role are within a pay band.  
The first thing to do for the OP is mention to the Agency the subject of rate review and see what response there is.

EnPointe

Djw313 said:

I don't think it is a case of what the contract says it's what the law may say I'm led to believe Agency staff are entitled to the same pay as employed staff receive for the company they work for.but i am trying to find out if it includes back pay from a pay rise they receive 
i shall need to check if i have a contract from the agency 
Employed staff are receiving backpay for a pay rise 
i believe the law does say Agency staff should receive the same pay as staff employed by the company 

Do you  do exactly the same job  as  perms ? as this is something  which can catch people out especially  if the perm comparator role is one which only a few people  do ( often legacy  employees) or   the comparator role is transitional role  for  perms but   the ongoing role for temps . 

 there wasa  job  i did  were   temps and perms had the same basic job title to be access the higher sub grades  within that job    there  were some roles which only perms could do as they needed  both employer and  full customer  IT access  etc   and temp just had  basic, partial access to the customer IT  systems 

Spendless

Are you paid the same as the directly employed staff? This happened to me last year. Unknown to me I was taken on on the same payscale as the directly employed staff. When the Min wage rose last year my agency informed me that I needed to receive a pay rise as I'd be paid under NMW. I told my line manager and gave him details of my pay. My line manager spotted that the directly paid staff on the same grade as me had received a pay rise that had also been back dated. He thought I was entitled to it too. He took the situation to HR, who in turn checked it with somewhere else and concluded my line manager was correct. I received the backdated pay plus my hourly rate was increased to be the same as the others.

Djw313

Spendless said:

Are you paid the same as the directly employed staff? This happened to me last year. Unknown to me I was taken on on the same payscale as the directly employed staff. When the Min wage rose last year my agency informed me that I needed to receive a pay rise as I'd be paid under NMW. I told my line manager and gave him details of my pay. My line manager spotted that the directly paid staff on the same grade as me had received a pay rise that had also been back dated. He thought I was entitled to it too. He took the situation to HR, who in turn checked it with somewhere else and concluded my line manager was correct. I received the backdated pay plus my hourly rate was increased to be the same as the others.

Yes paid exactly the same as the directly employed staff, they receive there pay rise soon i believe and are receiving a lump sum which i also believe to be back pay

Djw313

EnPointe said:

Djw313 said:

I don't think it is a case of what the contract says it's what the law may say I'm led to believe Agency staff are entitled to the same pay as employed staff receive for the company they work for.but i am trying to find out if it includes back pay from a pay rise they receive 
i shall need to check if i have a contract from the agency 
Employed staff are receiving backpay for a pay rise 
i believe the law does say Agency staff should receive the same pay as staff employed by the company 

Do you  do exactly the same job  as  perms ? as this is something  which can catch people out especially  if the perm comparator role is one which only a few people  do ( often legacy  employees) or   the comparator role is transitional role  for  perms but   the ongoing role for temps . 

 there wasa  job  i did  were   temps and perms had the same basic job title to be access the higher sub grades  within that job    there  were some roles which only perms could do as they needed  both employer and  full customer  IT access  etc   and temp just had  basic, partial access to the customer IT  systems 

EnPointe said:

Djw313 said:

I don't think it is a case of what the contract says it's what the law may say I'm led to believe Agency staff are entitled to the same pay as employed staff receive for the company they work for.but i am trying to find out if it includes back pay from a pay rise they receive 
i shall need to check if i have a contract from the agency 
Employed staff are receiving backpay for a pay rise 
i believe the law does say Agency staff should receive the same pay as staff employed by the company 

Do you  do exactly the same job  as  perms ? as this is something  which can catch people out especially  if the perm comparator role is one which only a few people  do ( often legacy  employees) or   the comparator role is transitional role  for  perms but   the ongoing role for temps . 

 there wasa  job  i did  were   temps and perms had the same basic job title to be access the higher sub grades  within that job    there  were some roles which only perms could do as they needed  both employer and  full customer  IT access  etc   and temp just had  basic, partial access to the customer IT  systems 

Yes exactly the same job as perms