So I was in transport office yesterday and tm was talking about reminding him when I am coming up to to my 12 week period with the company that I am entitled to the same rates etc as full-time staff (I’m agency ) so my question is I’m on More per hour than the full timers so would I have to take a pay cut after 12 weeks continues work?
Yes. Its one of those situations where you can shoot yourself in the foot.
AWR applies to all agency workers, not just drivers, and haulage is one of those anomalies where agency tend to get paid more than permanent employees. Usually in places like offices and factories its the other way around.
If a yard enforces a pay cut upon the agency bod at the 13 week mark - don’t they also have to offer the full time job to that driver at that point? 
If you are getting paid more than full time staff why would you remind them to cut your pay?
no you dont have to take a pay cut!
you will stay on the same rates ffs.
and if they try to cut them leave as they are a ■■■■ agency.
No, I meant “is there any obligation under AWD to actually offer the job at the 13 week mark with no exceptions?”
I’m wondering why it’s standard practice with some yards/agencies to drop you on week 12, presumably to avoid such conflict of interest situations…?
I think the key word is ‘entitled’ which means to me that you don’t have to choose the option if, as in your situation, it would mean a drop in pay.
Winseer:
No, I meant “is there any obligation under AWD to actually offer the job at the 13 week mark with no exceptions?”I’m wondering why it’s standard practice with some yards/agencies to drop you on week 12, presumably to avoid such conflict of interest situations…?
They don’t have to offer you a full time job you still work for the agency but get the same pay (or if own staff are on salary and you work say 2 days a week you get same rate broken down to hourly pay) and conditions as there own staff.
I have been in this situation before a couple of times and just carried on. Sure I signed out of the agreement with the agency cause as the full timers were salaried I was hourly and making more than them.
I’m Ltd now so it doesn’t apply.
Winseer:
No, I meant “is there any obligation under AWD to actually offer the job at the 13 week mark with no exceptions?”
No.
I’m wondering why it’s standard practice with some yards/agencies to drop you on week 12, presumably to avoid such conflict of interest situations…?
Because they’re stupid. You have to not go back there several weeks for the 12 week clock to reset. They can’t just not send you in for a week or two.
Thing is, if they actually bothered to ask the driver they’d probably get told that the driver is quite happy to continue as they have been doing and to “ignore all that bollox”.
3stepsaheaduk:
So I was in transport office yesterday and tm was talking about reminding him when I am coming up to to my 12 week period with the company that I am entitled to the same rates etc as full-time staff (I’m agency ) so my question is I’m on More per hour than the full timers so would I have to take a pay cut after 12 weeks continues work?
Quite a few agencies operate on what is termed “Pay Between Assignments” otherwise known as “The Swedish Derogation” which broadly speaking means you will not be eligible for equal pay after 12 weeks.
The term pay is the important one as there are other aspects where you must be given parity such as holidays.
I don’t think the idea that the agency can just drop you at week 12, then send you back a couple weeks later actually works. If you took them to an employment tribunal and said that’s what they’d been doing then they would have their guts for garters.
JeffA:
I don’t think the idea that the agency can just drop you at week 12, then send you back a couple weeks later actually works. If you took them to an employment tribunal and said that’s what they’d been doing then they would have their guts for garters.
Also if the agency drop you at whatever point to avoid the same terms and conditions and then send you back a few weeks later and your stupid enough to go back then the driver only has themselves to blame for allowing themselves to be messed around.
tmcassett:
Also if the agency drop you at whatever point to avoid the same terms and conditions and then send you back a few weeks later and your stupid enough to go back then the driver only has themselves to blame for allowing themselves to be messed around.
Sometimes the driver, agency or employed, is forced by circumstances to let themselves be abused, if they fight back they are on thier own and they get shafted.
If you had a situation where people are depending on you, children, parentes etc, and you get the sack and then they suffer — You know the rest.
Which is why all drivers should be employed by the company they work for. They should have a union to help them. Management should know that the drivers are represented.
Nowadays the bosses get away with giving us low wages and poor conditions because drivers are fragmented.
This will never change. I have been fighting bosses at various places as a union rep for 30 years and the biggest reason why we made NO progress was lack of driver support.
A new union, you know the name, was supposed to be the game changer until it went like the rest, cheap this and that, no win no fee accident claims, legal insurance (pay more) but get your dues in and we will give you nothing. I am glad I am not there any longer.
All the unions just want to take your dues to pay the fat cat salaries and give freebies etc to the rest. There is not a union in this country worth paying to. Bring back Clive jenkins.
Do the bog standard agencies actually sack people?
I thought the standard method was
(1) “The phone doesn’t ring”
(2) You phone in desperate for work
(3) They offer you some total crap
(4) They tell you Take it or leave it - that’s all there is for the likes of you
(5) You leave it - goto (1) You take it - goto (3)
Rinse and repeat…
right you will need a break of at least 6 weeks to ‘reset’ the awr clock this is the law.
it will never ever come to all drivers being ‘employed’ direct as agency offers too much flexibility.
99% of unions are absolute ■■■■■ most reps are only out for what they can get hence most drivers wont back them. when at asda refused 10% pay rise ended up with just over 3 but both union reps done ok out of it.
it is possible for work to go slack at certain companies for a period this is life work elsewhere.
personally dont agree with swedish derogation but its in and will be used.