Hi I’ve been driving for an agency for 6 months now , they said after 6 months I could go full time with this company . It’s usually 3 months but I agreed . Now they are saying it’s a long term contract and I can’t leave ever!!
They are ■■■■■■■■ but do I have a leg to stand on ?
Cheers
BigTipper:
Hi I’ve been driving for an agency for 6 months now , they said after 6 months I could go full time with this company . It’s usually 3 months but I agreed . Now they are saying it’s a long term contract and I can’t leave ever!!They are [zb] but do I have a leg to stand on ?
Cheers
It’s an agency.Not Hotel California.
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It’s an agency.Not Hotel California.
his mind is definitely twisted, I bet he drives a Mercedes benz… 
Just to clarify , I’m working for a brilliant company . Non agency are on £23.50 an hour and I’m on £18 .
They won’t let me sign a contract with the employer, something I’m desperate to do!!!
BigTipper:
Just to clarify , I’m working for a brilliant company . Non agency are on £23.50 an hour and I’m on £18 .They won’t let me sign a contract with the employer, something I’m desperate to do!!!
Agency have a contract with the company. Usually in agency contracts is a term that states if the company take on someone they send in then the company has to pay the agency a fee, typically it being around the equivalent of 13 weeks earnings. Often what an agency will say to the company is rather than pay the fee in a lump sum to keep the driver there for 13 weeks on agency and then they’re full time. There are exceptions however and depending on how important the client is to the agency and how much business they put the agency’s way the agency can wave it.
I was on a job once with agency I wanted to do full time but the company were unwilling to pay the fee. I contacted the agency, had a chat with them and they were willing to wave the fee and sent the company a letter saying they would so I could work direct.
However you have two options at the moment…
Wait until April until the Swedish Derogation of the AWR is repealed and then you’ll be on the same hourly rate as their employees.
Quit the agency, wait a couple of weeks, start working with the company but if you do this keep your gob shut about working there with anyone you know for a couple of months so agency don’t get to find out.
BigTipper:
Just to clarify , I’m working for a brilliant company . Non agency are on £23.50 an hour and I’m on £18 .They won’t let me sign a contract with the employer, something I’m desperate to do!!!
What can they do?..
Physically hold your arm whilst you scribble your name on the contract?
No one can force you to sign anything any more than they can stop you from signing anything.
yourhavingalarf:
What can they do?..Physically hold your arm whilst you scribble your name on the contract?
No one can force you to sign anything any more than they can stop you from signing anything.
They can go after the employer for the fee they state in their contract they have with their client which given the hourly rate could easily be the thick end of £20k.
m.a.n rules:
It’s an agency.Not Hotel California.his mind is definitely twisted, I bet he drives a Mercedes benz…
Agency or full time?
This could be heaven or this could be hell. 
Conor:
They can go after the employer for the fee they state in their contract they have with their client which given the hourly rate could easily be the thick end of £20k.
If the agency…
Has that in the contract then yes, they can persue the employer for it.
The OP wants to know if he can sign for the employer and the answer to that is, yes he can. It’s up to the new employer if they want pay the agency or not under contract. The OP gets his full time position which is what he wants.
What usually happens when going temp to perm is the driver and new employer keep it quiet and the agency doesn’t find out. That was my experience when I worked in Yorkshire some years ago.
m.a.n rules:
It’s an agency.Not Hotel California.his mind is definitely twisted, I bet he drives a Mercedes benz… [emoji38]
[emoji1787][emoji1787].Definately.
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BigTipper:
Hi I’ve been driving for an agency for 6 months now , they said after 6 months I could go full time with this company . It’s usually 3 months but I agreed . Now they are saying it’s a long term contract and I can’t leave ever!!They are [zb] but do I have a leg to stand on ?
Cheers
Please google Stockholm Syndrome
Many a Supermarket shopping Dollie driver on this forum, suffers from this debilitating disease. When they think they can’t, because the pointy shoe master says they can’t!!
Full grown men wandering around MSA’s dejected through their life choices.
It’s pitiful to see.
BigTipper:
Just to clarify , I’m working for a brilliant company . Non agency are on £23.50 an hour and I’m on £18 .They won’t let me sign a contract with the employer, something I’m desperate to do!!!
BigTipper:
Hi I’ve been driving for an agency for 6 months now , they said after 6 months I could go full time with this company . It’s usually 3 months but I agreed . Now they are saying it’s a long term contract and I can’t leave ever!!They are [zb] but do I have a leg to stand on ?
Cheers
So, is it the agency telling YOU that you cant leave them?
Did you sign a contract with the agency that says this? If you did it may stand, or it may be challenged as being unfair.
Or is it as Conor says the agency`s contract with the employer that is the problem?
His post seems a good explanation of what is happening there.
BigTipper:
Just to clarify , I’m working for a brilliant company . Non agency are on £23.50 an hour and I’m on £18 .They won’t let me sign a contract with the employer, something I’m desperate to do!!!
That’s a shame pal.
I suppose if they can’t take you on and they are looking for a driver you might as well do the honorable thing and send me the job details
Quit the agency sever your ties with them and tell the company that you off for a fortnight holiday and say you’ll ring them when you get home, then after two weeks phone the company direct and tell them you are available to work. Just ensure that you get all outstanding money from the agency before you leave
£23.50 ? 
peirre:
Quit the agency sever your ties with them and tell the company that you off for a fortnight holiday and say you’ll ring them when you get home, then after two weeks phone the company direct and tell them you are available to work. Just ensure that you get all outstanding money from the agency before you leave
Still won’t get the company out of their contractual obligations with the agency as usually these clauses specify it applied for so many weeks/months after the employee last worked at the client too.
Whilst the chances of there being an issue are small all it takes is one agency worker there after you’re taken on to innocently let slip you’re working there to the agency. Ultimately it is down to the agency client as to whether they’ll take the risk for any repercussions of breach of contract and you’ll tend to find the larger and more prominent the company the less likely they are ro.
BigTipper:
Just to clarify , I’m working for a brilliant company . Non agency are on £23.50 an hour and I’m on £18 .They won’t let me sign a contract with the employer, something I’m desperate to do!!!
I thought agencies always paid more than what a firm pays it’s own drivers direct. 
Just think how much those ■■■■ s are creaming off that rate, if the differential between the two is as you say. 
(If I’m way off with comprehension of this thread btw, I’m a bit fragile this morning and slightly hung over, so apologies in advance if I am 
)
If agencies are sooo good, why in many cases are so many drivers wanting to switch to full time with the agency’s clients, and why do agencies feel the need (again if they are sooo good) to take steps in form of a written contract to prevent them.
Don’t be telling me that they actually are fully aware of the fact that they purposely abuse, exploit, and ■■■■ about their drivers, and all the rest of the crap that goes with working for the majority of agencies,…surely not. 
robroy:
I thought agencies always paid more than what a firm pays it’s own drivers direct.
Just think how much those [zb] s are creaming off that rate, if the differential between the two is as you say.
Usually they do but when you get to large companies with billion pound turnovers things tend to change a lot.
Barely a couple of quid an hour the agency is clearing is my guess by the time you’ve calculated everything. Its the same at Howdens, the agency rate they’ll pay agencies is set so it costs Howdens the same as it does to employ their own when you include employers NI and holiday pay they have to pay. End result is agency is on lower hourly rate than their own.
£18/hr PAYE is going to cost the agency around £22/hr when you’ve included employers NI, holiday pay and workplace pension.
If agencies are sooo good, why in many cases are so many drivers wanting to switch to full time with the agency’s clients
Because in my case the pay at the client is that much more, the working conditions are great and agency is pretty much the only way in. I’ll point out that it is the only place I’ve ever been to in quarter of a century where employees are on more than agency, often it has been the case my agency basic rate has been the employees overtime rate.
, and why do agencies feel the need (again if they are sooo good) to take steps in form of a written contract to prevent them.
The contracts don’t prevent them, the contracts compensate the agency for both loss of a money earning employee and the fact that former agency worker will now be sitting in the seat that one of their own agency drivers could be sitting in and billing the client for. This isn’t anything unique. Companies will often get new staff by using a recruitment agency who are paid a fee merely for interviewing applicants and forwarding potentials onto them.
Has the employer offered you a contract on the hourly rate you’ve quoted or are you trying to weasel your way in now you know your being squeezed?.. Chester’s reply dimes it up! I bet some on here struggle to tie their own laces!