So my agency is trying to push me to sign another contract as I’ve been working for them for 12 weeks PAYE now, apparently all the drivers have to sign this. Anybody else heard of this before? I spoke to my manager and he says they’re probably just trying to get me to stick with them for another 12 weeks.
austers:
So my agency is trying to push me to sign another contract as I’ve been working for them for 12 weeks PAYE now, apparently all the drivers have to sign this. Anybody else heard of this before? I spoke to my manager and he says they’re probably just trying to get me to stick with them for another 12 weeks.
They can’t change the terms of your contract without consultation which they are obliged to do, and they must tell you what changes are being made, obviously signing for improved terms and conditions is fine if they suit you, but you have the right to refuse for improved terms as well as worse terms, you need to find out off them what is changing before you sign anything.
No one can answer the question until you can say what is changing.
I take it they have given you the new contract to take away to a read it before you sign it which they should have done, so you can compare it with the original one.
Make sure they aren’t getting you to go from PAYE to umbrella company.
If so don’t do it,umbrellas aren’t all they are cracked upto and enough threads on here about it.
Isn’t 12 weeks the point were your supposed to be paid the same as the firms employees if you have worked at that place every week for those 12 weeks. The new contract could have a Swedish derogation clause meaning that you don’t get paid the same as the full time staff . You need to compare the 2 contracts as said already. Sounds odd at the very least.
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As well as the same wage you would be entitled to the same terms and conditions as full time staff after your 12 weeks.
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You don’t have to do anything and the mere fact that an agency is suggesting this to you would have me telling them to do one if in that position!
truckertart:
Isn’t 12 weeks the point were your supposed to be paid the same as the firms employees if you have worked at that place every week for those 12 weeks. The new contract could have a Swedish derogation clause meaning that you don’t get paid the same as the full time staff . You need to compare the 2 contracts as said already. Sounds odd at the very least.Sent from my SM-A310F using Tapatalk
They’ve said that the company I work for has opted out of offering agency staff the same as full time staff which I didn’t even know they could do. All the agency has said that is different is basically if they don’t find me work for a week I get paid for that full week, although I believe there are a bunch of things on there that go against me because this is an agency after all and I know all they care about is money. They forced me into an umbrella company before but thankfully I’m back on PAYE, I don’t trust them one bit and neither do my managers.
TiredAndEmotional:
You don’t have to do anything and the mere fact that an agency is suggesting this to you would have me telling them to do one if in that position!
That’s what I thought, they are telling me I must sign this contract as I’ve worked over 12 weeks PAYE now, but I’ve even said to my manager that if they refuse to pay me I’ll just sign up with one of the other agencies they use.
If the Client firm pays a higher hourly rate than the agency, then they’ll get you to sign a swedish derogation thingy every 12 weeks - to renounce any claim to get parity pay otherwise.
Daytrunker:
Make sure they aren’t getting you to go from PAYE to umbrella company.
If so don’t do it,umbrellas aren’t all they are cracked upto and enough threads on here about it.
If one considers signing away sick pay and holiday pay as being worth around £2.25ph, then don’t accept a move onto “Umbrella” or “Disguised Self Employed” for anything less than an instant £2.50ph pay rise.
If you stay on the same pay (which they’ll try and palm you off with otherwise) - then that’s amounting to a £2.25ph pay CUT of course. You’ve lost your entitlement to sick and holiday pay for zero cost to your “employer” whom you’ll also have to pay the stamp for in future and all. 
So basically, they want you to sign a new contract as the client doesn’t want to pay you the agency drive the same as there full time driver. So they the agency still want there money and do you over in the process. If you like the company why can’t you ask to go full time? … remember you owe the agency nothing they make plenty out of you.
Have you worked for 12 weeks for the same company though the agency? You say that they will pay you even if they have no work, that sounds like a Swedish Derogation contract so you will work for the agency instead of providing a service for the agency but to get your money be prepared to do anything if they need someone to sweep the streets that will be you.
Its all in their favour, as after a certain period they will be liable…and changing the contract to suit them…lets them off the hook…i believe the 12 week period is the time limit for a terms of employment contract to be delivered…so they will be liable for taxes, holiday pay etc…so by getting you to sign, you will still be an agency freelance staff instead of an employed one…tell them to do one, and find another agency or work direct if you can.
truckyboy:
Its all in their favour, as after a certain period they will be liable…and changing the contract to suit them…lets them off the hook…i believe the 12 week period is the time limit for a terms of employment contract to be delivered…so they will be liable for taxes, holiday pay etc…so by getting you to sign, you will still be an agency freelance staff instead of an employed one…tell them to do one, and find another agency or work direct if you can.
They can give you any contract they want, most agenices used to be a contract of service that meant you provided a service and they paid you,but when the WTD came in after 12 weeks with the same company you went onto there T&Cs When the WTD came in they changed to a Swedish Derogation contractwhich means you work for the agency so get paid if no work but most times only for 8 hours. Whenever you work for the agency on PAYE you get holiday pay. Signing this won’t mean you will be freelance not signing will
discoman:
So basically, they want you to sign a new contract as the client doesn’t want to pay you the agency drive the same as there full time driver. So they the agency still want there money and do you over in the process. If you like the company why can’t you ask to go full time? … remember you owe the agency nothing they make plenty out of you.
The company I work for want to take me on full time but it’s just a waiting game and the agency know this, I think they’re just trying to tie me into the agency again so I can’t go full time but they’re making out as if I need to sign this. My manager has told me not to sign anything from the agency and they know nothing about it.
Check that contract VERY carefully because the scumbag agencies are known to phrase their line about paying you if there is no work at the rate of ONE HOUR per week.
austers:
truckertart:
Isn’t 12 weeks the point were your supposed to be paid the same as the firms employees if you have worked at that place every week for those 12 weeks. The new contract could have a Swedish derogation clause meaning that you don’t get paid the same as the full time staff . You need to compare the 2 contracts as said already. Sounds odd at the very least.Sent from my SM-A310F using Tapatalk
They’ve said that the company I work for has opted out of offering agency staff the same as full time staff which I didn’t even know they could do. All the agency has said that is different is basically if they don’t find me work for a week I get paid for that full week, although I believe there are a bunch of things on there that go against me because this is an agency after all and I know all they care about is money. They forced me into an umbrella company before but thankfully I’m back on PAYE, I don’t trust them one bit and neither do my managers.
So, you have gone from umbrella which would have been on a different contract to PAYE, by law an employer has to supply you with a contract of employment that relates to your employment status.
What ever you was doing before going onto PAYE with them is probably irrelevant.
Best thing to do is to ring ACAS, they will give you free relevant advice which your unlikely to get on here.
Say what you like, I would never trust an agency as far as I could spit.
Maybe I’m just naturally cynical, because it’s the same with the firm I presently work for, whenever some memo comes up from head depot informing us of some kind of change or whatever, I never take it at face value, but always look for an ulterior hidden motive which is bound to be on their side of things and not mine…and usually it is just that.
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My mate is on the agency and he has the same mindset as me on this…never trust them…or in my case never trust anybody in haulage. 
So, you have gone from umbrella which would have been on a different contract to PAYE, by law an employer has to supply you with a contract of employment that relates to your employment status.
What ever you was doing before going onto PAYE with them is probably irrelevant.
Best thing to do is to ring ACAS, they will give you free relevant advice which your unlikely to get on here.
I was limited beforehand but gave it up. I spoke to my manager yesterday and he said what the agency is saying is complete ■■■■■■■■ anyway, he said I now have the same terms and conditions as full time drivers so if I get told not to come in one day then they have to pay me, although this doesn’t apply to drivers who are limited as they surrendered all their rights for slightly more money per hour.
So for anybody reading this, don’t trust anything the agency say it’s all ■■■■■■■■ 