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  • FIRST POST
    • MrPneedsAdvice
    • By MrPneedsAdvice 13th May 18, 7:28 PM
    • 17Posts
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    MrPneedsAdvice
    Agency workers rights.
    • #1
    • 13th May 18, 7:28 PM
    Agency workers rights. 13th May 18 at 7:28 PM
    Can anyone offer any advice?

    I work at a well known airport, I work in a department as an outsourced agency worker. I completed a one year contract and I'm now a few months into my second year of a 1 year contract. I’m actually really happy with the job!

    But I pretty much do the exact same job as if I would be directly employed. I work along side them in the airports office. However my salary is around £10k less, due to lack of shift pay allowance and bonus.

    This month 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.

    How do I move forward and challenge this? As agency workers should be entitled to the same employment rights as if employed directly? Including bonuses and shift pay.

    Or do I just plod along and be grateful for the job and opportunity?
Page 1
    • nicechap
    • By nicechap 13th May 18, 7:49 PM
    • 1,384 Posts
    • 2,763 Thanks
    nicechap
    • #2
    • 13th May 18, 7:49 PM
    • #2
    • 13th May 18, 7:49 PM
    Can anyone offer any advice?

    I work at a well known airport, I work in a department as an outsourced agency worker. I completed a one year contract and I'm now a few months into my second year of a 1 year contract. I’m actually really happy with the job!

    But I pretty much do the exact same job as if I would be directly employed. I work along side them in the airports office. However my salary is around £10k less, due to lack of shift pay allowance and bonus.

    This month 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.

    How do I move forward and challenge this? As agency workers should be entitled to the same employment rights as if employed directly? Including bonuses and shift pay.

    Or do I just plod along and be grateful for the job and opportunity?
    Originally posted by MrPneedsAdvice
    What did you do with the advice from last year?

    https://forums.moneysavingexpert.com/showthread.php?t=5714030
    “Never argue with an idiot. They will only bring you down to their level and beat you with experience.” - George Carlin
    • MrPneedsAdvice
    • By MrPneedsAdvice 13th May 18, 8:08 PM
    • 17 Posts
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    MrPneedsAdvice
    • #3
    • 13th May 18, 8:08 PM
    • #3
    • 13th May 18, 8:08 PM
    yes just go round in a circle, still in same situation.
    • nicechap
    • By nicechap 13th May 18, 8:18 PM
    • 1,384 Posts
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    nicechap
    • #4
    • 13th May 18, 8:18 PM
    • #4
    • 13th May 18, 8:18 PM
    Take a copy of your contract to an employment lawyer and see what they say your chances of a legal challenge are and how much it will cost you.

    You can also break the circle by finding another job if you are that unhappy (and if you are as good as your posts suggest, it should be easy).
    “Never argue with an idiot. They will only bring you down to their level and beat you with experience.” - George Carlin
    • MrPneedsAdvice
    • By MrPneedsAdvice 13th May 18, 8:21 PM
    • 17 Posts
    • 2 Thanks
    MrPneedsAdvice
    • #5
    • 13th May 18, 8:21 PM
    • #5
    • 13th May 18, 8:21 PM
    yes thank you, I have been trying to get another job, but not many around the area I work in.

    It was the recent news of bonus for my colleagues that has re ignited this for me. Thank you for your input Nice Chap.
    • keepcalmandstayoutofdebt
    • By keepcalmandstayoutofdebt 13th May 18, 8:35 PM
    • 3,404 Posts
    • 1,784 Thanks
    keepcalmandstayoutofdebt
    • #6
    • 13th May 18, 8:35 PM
    • #6
    • 13th May 18, 8:35 PM

    Or do I just plod along and be grateful for the job and opportunity?
    Originally posted by MrPneedsAdvice
    If you are enjoying it and getting something out of it?
    Your bonus is that your 'employment' comes with an end date where you could get something better. Perhaps it will make up for the lost bonus later in time. I don't know why companies don't use a bit more tact and discretion so you would never know, but there we go. Perhaps your loyalty will eventually pay off if you hang on in there.

    Only today I was looking at a company that I started with in June 16 before escaping a week later as a pretty weird place to be whether perm or not - Nov 16 it turns out the company moved to the complete other end of the country... what a wasted energy hey. I should do more of this looking at past employers! It will all work out in the end.
    "If you are caught in a rainstorm, once you accept that you'll receive a soaking, the only thing left to do is enjoy the walk"
    • patman99
    • By patman99 13th May 18, 10:40 PM
    • 8,220 Posts
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    patman99
    • #7
    • 13th May 18, 10:40 PM
    • #7
    • 13th May 18, 10:40 PM
    The AWR(2012) are quite clear on this subject. After you have completed 12 weeks in the same role, you are entitled to the same pay (including shift allowance) as a direct employee doing the same job at the same grade.


    You need to harrass your useless agency about this. Just remind them that you can stick in a claim for the shortfall up to 6 years after the date of the shortfall, so getting shot of you won't get rid of the problem.
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £1000/ £1000 (that's 100%)

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    • MrPneedsAdvice
    • By MrPneedsAdvice 13th May 18, 10:44 PM
    • 17 Posts
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    MrPneedsAdvice
    • #8
    • 13th May 18, 10:44 PM
    • #8
    • 13th May 18, 10:44 PM
    this is is what I would like to pursue, I just don't know how to go about it? I think I will join a union and ask for legal advice.
    • unforeseen
    • By unforeseen 14th May 18, 5:54 AM
    • 3,086 Posts
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    unforeseen
    • #9
    • 14th May 18, 5:54 AM
    • #9
    • 14th May 18, 5:54 AM
    What was the reason for the bonus as not all come under AWR.
    • henry24
    • By henry24 14th May 18, 8:19 AM
    • 98 Posts
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    henry24
    Depends on what type of contract you have with your agency as to whether you have the same rights as direct staff after 12 weeks.
    • MrPneedsAdvice
    • By MrPneedsAdvice 14th May 18, 10:25 AM
    • 17 Posts
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    MrPneedsAdvice
    performance over the last 12 months.
    • MrPneedsAdvice
    • By MrPneedsAdvice 14th May 18, 10:26 AM
    • 17 Posts
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    MrPneedsAdvice
    I have a one year contract.
    • henry24
    • By henry24 14th May 18, 10:46 AM
    • 98 Posts
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    henry24
    But is it a contract of employment where you work for the agency or a contract of service or are you self employed
    • MrPneedsAdvice
    • By MrPneedsAdvice 14th May 18, 10:48 AM
    • 17 Posts
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    MrPneedsAdvice
    its a contract of employment with the agency.
    • henry24
    • By henry24 14th May 18, 10:53 AM
    • 98 Posts
    • 55 Thanks
    henry24
    With a contract of employment you work for the agency so don't come under the AWR
    • MrPneedsAdvice
    • By MrPneedsAdvice 14th May 18, 11:11 AM
    • 17 Posts
    • 2 Thanks
    MrPneedsAdvice
    Your employment status

    You're a temp or agency worker if you:

    are not self-employed
    have a contract with an employment agency, but work day-to-day for an employer
    are told what work to do by the employer, not the agency.
    • henry24
    • By henry24 14th May 18, 11:38 AM
    • 98 Posts
    • 55 Thanks
    henry24
    All I can tell you is what happened to me about 5 years ago, I worked for an agency under a contract of service where I provide a service and they pay me for it. I worked for this agency for maybe 4 years at the same company where there own staff got paid a lot more than agency and when the AWR came in the agency did nothing about it, eventually they called me in to change my contract to a contract of employment where I worked for them with guaranteed hours but I wouldn't agree to it quoting the AWR and that I had been under paid. Cutting a long story short I booked a tribunal and the night before the hearing they paid me £17000 not to go.
    From what you have put you also have a contract of employment as I think most agency staff do now so miss out on AWR rights, from an agency point you can understand why they do it.
    • MrPneedsAdvice
    • By MrPneedsAdvice 14th May 18, 12:08 PM
    • 17 Posts
    • 2 Thanks
    MrPneedsAdvice
    thanks for info, I've made an appointment with CAB

    "if you have a contract with an employment agency, but work day-to-day for an employer"

    and going by information I've found this still entitles me to AWR.
    • henry24
    • By henry24 14th May 18, 12:33 PM
    • 98 Posts
    • 55 Thanks
    henry24
    Come back and tell us what they say be good to no
    • MrPneedsAdvice
    • By MrPneedsAdvice 14th May 18, 6:37 PM
    • 17 Posts
    • 2 Thanks
    MrPneedsAdvice
    will do and thanks for everyones input.
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