Agency working regs

Hi, could anyone simplify this for me please. Everytime I search online for info on them, different sites come up with different stories.
After 12/13 weeks at the same firm via agency, what benefits are gained?

Same hourly pay as core staff??

Same working terms, i.e guaranteed hours??

Staff discount card??

Holidays/pension/sick pay??

Also, how many shifts do you need to be working per week to qualify??

What if you have a week or so off from said company, do the 12/13 weeks start again??

Sorry if it sounds simple. I just want to clear things up.

Thanks

full info bis.gov.uk/assets/BISCore/em … ce.pdf.but in life just may every 10th agency give to you all this

Andrejs:
full info bis.gov.uk/assets/BISCore/em … ce.pdf.but in life just may every 10th agency give to you all this

RTFQ.

He asked for someone to simplify it. Not give a link to them.

haribo4000:
Hi, could anyone simplify this for me please. Everytime I search online for info on them, different sites come up with different stories.
After 12/13 weeks at the same firm via agency, what benefits are gained?

Same hourly pay as core staff??
Same working terms, i.e guaranteed hours??
Staff discount card??
Holidays/pension/sick pay??
Also, how many shifts do you need to be working per week to qualify

What if you have a week or so off from said company, do the 12/13 weeks start again??

Sorry if it sounds simple. I just want to clear things up.

Thanks

1.Yes If you haven’t been “forced” into signing a AWR Reg10 Swedish Derogation opt out clause
(full time agency contract :unamused: ) by your agency.
2.My gut feeling YES but would like the definition of “duration of working time” contained within AWR clarified by employment solicitor.
3.No.
4.Same holidays yes, Pension no and SSP only.
5. Only need ONE hour/week to qualify.
6.You need to be " gone" SIX weeks before your “qualifing clock” reverts to zero. :wink:

in reality it is simples — forget the lot cos you aint never gunna get it - unfortunately :cry:

firms supposed to pay agency for after 12 weeks but rarely if ever happens so you’ll not get it - so stop dreaming that you’re gunna get extras plus benefits pay rises etc… cos it just doesn’t work like that…

sorry to disappoint you - but agencies are for short term stuff and employers are for long term stuff end of…short term stuff you gets paid for what you done that day with absolutely no extras etc… does what it says on the tin — long term stuff you gets paid monthly not weekly you gets extras like pensions etc… and you gets paid hollydays nd stuff…does what it says on the tin… the two are totally different - if you’re sat on the agency you got few if any actual rights, i know all about the eu legislation but that just gets put to one side and conveniently forgotten about… :cry:

hope this helps

if you will be ask to many you will be work in this agwncy just 11.5 week.after agency can said to you sorry very quet,we call to you when will be busy.

In practice, you’ll either be asked to sign an AWD opout (waiving those rights before you even get them!)
or you’ll be worked solid for 12 weeks, then not used at that venue for 8 weeks or whatever it is that resets the “parity pay clock” to zero again. :frowning:

So far, the only place I’ve worked that keeps agency on after they’ve qualified for parity pay is Royal Mail.

I did think it would be a long shot qualifying for the extra pay. Just thought I would get a clearer picture of what the rules actually were.

Thank you for your replies, much appreciated.

foxy stars:
in reality it is simples — forget the lot cos you aint never gunna get it - unfortunately :cry:

firms supposed to pay agency for after 12 weeks but rarely if ever happens so you’ll not get it - so stop dreaming that you’re gunna get extras plus benefits pay rises etc… cos it just doesn’t work like that…

sorry to disappoint you - but agencies are for short term stuff and employers are for long term stuff end of…short term stuff you gets paid for what you done that day with absolutely no extras etc… does what it says on the tin — long term stuff you gets paid monthly not weekly you gets extras like pensions etc… and you gets paid hollydays nd stuff…does what it says on the tin… the two are totally different - if you’re sat on the agency you got few if any actual rights, i know all about the eu legislation but that just gets put to one side and conveniently forgotten about… :cry:

hope this helps

I work with FULL TIME agency guys who’ve been here 5+ yrs and NOT worked anywere else :exclamation: :exclamation:

Winseer:
or you’ll be worked solid for 12 weeks, then not used at that venue for 8 weeks or whatever it is that resets the “parity pay clock” to zero again. :frowning:

That is an “avoidance measure” under the terms of the AWR and should be challenged :exclamation: :wink:

Big Truck:

foxy stars:
in reality it is simples — forget the lot cos you aint never gunna get it - unfortunately :cry:

firms supposed to pay agency for after 12 weeks but rarely if ever happens so you’ll not get it - so stop dreaming that you’re gunna get extras plus benefits pay rises etc… cos it just doesn’t work like that…

sorry to disappoint you - but agencies are for short term stuff and employers are for long term stuff end of…short term stuff you gets paid for what you done that day with absolutely no extras etc… does what it says on the tin — long term stuff you gets paid monthly not weekly you gets extras like pensions etc… and you gets paid hollydays nd stuff…does what it says on the tin… the two are totally different - if you’re sat on the agency you got few if any actual rights, i know all about the eu legislation but that just gets put to one side and conveniently forgotten about… :cry:

hope this helps

I work with FULL TIME agency guys who’ve been here 5+ yrs and NOT worked anywere else :exclamation: :exclamation:

I do hope then that the pay and conditions are upto scratch then, because you’ve lost all rights to claim mileage and other expenses as agency once you’re solidly at one place all year round. I wouldn’t want to be working full time for a firm that insists there’s “No room for a full time post to be created there”, but nonetheless has bods in maxing out every week for years as suggested.

I’d jump at the chance of a rolling part time contract though! - where are THEY at?
Part time drivers vacancies have got to be even rarer than full time jobs right now… :open_mouth:

Big Truck:

Winseer:
or you’ll be worked solid for 12 weeks, then not used at that venue for 8 weeks or whatever it is that resets the “parity pay clock” to zero again. :frowning:

That is an “avoidance measure” under the terms of the AWR and should be challenged :exclamation: :wink:

They can do it once,2nd time is avoidance

So, do I have a grievance then when I do odd days on a regular basis, but as soon as I get a two or three week “gap”, I get struck off the books outright, and have to fill all the forms in again, get licence checks done, etc. They know who I am, and know that I intend returning at the end of each shift.

It’s happened 3 times to me at the same place in the 15 months I’ve been working regular odd shifts at the same depot (no “8 week gaps” at all, more like 5-6 odd shifts per month), and of course I’m still on the rock bottom rate I started with.

“Once” could be put down to a database glitch. “Twice” a careless office blunder - but three times■■?

Am I being fiddled? :confused:

probably…

you just gotta accept that unless the firm you keep going back to takes you on you aint ever gunna earn more than you currently are — that is just the way that the system has evolved itself unfortunately…

same thing tried to happen in construction until some canny union rep pointed out that 95% of the staff on the job were self employed and would be off like a shot if rates dropped…

Winseer:
So, do I have a grievance then when I do odd days on a regular basis, but as soon as I get a two or three week “gap”, I get struck off the books outright, and have to fill all the forms in again, get licence checks done, etc. They know who I am, and know that I intend returning at the end of each shift.

It’s happened 3 times to me at the same place in the 15 months I’ve been working regular odd shifts at the same depot (no “8 week gaps” at all, more like 5-6 odd shifts per month), and of course I’m still on the rock bottom rate I started with.

“Once” could be put down to a database glitch. “Twice” a careless office blunder - but three times■■?

Am I being fiddled? :confused:

YES :exclamation: :exclamation: :exclamation:

If you paid your “mega” £2.50/wk dues :unamused: to a Union like I do to UNITE, you’d be able to speak to an employment law solicitor 24/7 and ask the above question.
I am currently “looking into” (in conjunction with union backing :sunglasses: ) the whole “Swedish Derogation” shafting session and seeing if there could be a wee day@ Industrial Tribunial at the end of it :wink:

Winseer:

Big Truck:

foxy stars:
in reality it is simples — forget the lot cos you aint never gunna get it - unfortunately :cry:

firms supposed to pay agency for after 12 weeks but rarely if ever happens so you’ll not get it - so stop dreaming that you’re gunna get extras plus benefits pay rises etc… cos it just doesn’t work like that…

sorry to disappoint you - but agencies are for short term stuff and employers are for long term stuff end of…short term stuff you gets paid for what you done that day with absolutely no extras etc… does what it says on the tin — long term stuff you gets paid monthly not weekly you gets extras like pensions etc… and you gets paid hollydays nd stuff…does what it says on the tin… the two are totally different - if you’re sat on the agency you got few if any actual rights, i know all about the eu legislation but that just gets put to one side and conveniently forgotten about… :cry:

hope this helps

I work with FULL TIME agency guys who’ve been here 5+ yrs and NOT worked anywere else :exclamation: :exclamation:

I do hope then that the pay and conditions are upto scratch then, because you’ve lost all rights to claim mileage and other expenses as agency once you’re solidly at one place all year round. I wouldn’t want to be working full time for a firm that insists there’s “No room for a full time post to be created there”, but nonetheless has bods in maxing out every week for years as suggested.

What the rest do is up to them but I work between two big supermarket operators and have usually two different postal addresses of their DC’s on my expenses return to cover my mileage claims.
I do believe there are some dayshift agency drivers who have been there working 40hours+/week over 10yrs+ :exclamation: :exclamation: :open_mouth:

The situation has been with me that I left full time employment because the overtime at good hourly rates all disappeared.
I’d go back to cramming hours all the time again IF I were on the full timer’s rates!
The two big problems with this is that

(1) Not every full time rate is as cushy a number over agency flat rate as one depot to the next.
(2) Every time I try and get 13 weeks on the spin in, basic shift a week to qualify, I strangely get deleted from the database when I turn up for what would have been a week 13 shift otherwise. Hmm.

If there is no law that enforces terms and conditions without having to invoke a big tribunal process, then effectively it is just a form of bullying/abuse in the workplace.

“Look bud, if you don’t put up with this scam now that you’ve uncovered it, we just won’t use you any more. Your family will be evicted from no earnings long before any “tribunal” process goes through, and you might not even win that, let alone get any compensations!”

In the meantime, what proof do I have? - Convieniently being booted off the database works very nicely for resetting one’s parity pay clock to zero.
There’s no safety in numbers, because most other folk will be one hit wonders or full timer agency so they’ll have not noticed anything amiss.
Obviously, if they started booting the 40+hour agency bods off the books for week 12, then getting them to re-fill out the forms at the start of next week, it would then be totally obvious that it’s purpose is to abuse the law. I’m guessing that the folk putting in the macho hours are left alone, but part timers like me who, perhaps, look like they are taking the ■■■■ out of the system themselves in their eyes get the “treatment”. :open_mouth: :exclamation: :question:
After all, if it was all cut and dried, we’d all work a single day a week for the first 12 weeks, then cram it full time once we were on parity pay - right? :sunglasses: :grimacing:

Meanwhile, I don’t even know if parity pay is worth chasing where I work, as I have no idea what rate full timers are actually on. I never seem to meet any to talk to any more, just other agency bods, and umbrella ones at that, suggesting in turn that they know even less about what fiddles are going on than I do. :frowning: :cry:

As I’ve said before, the only firm I’ve come across so far that seems to “play it straight” regarding parity pay are Royal Mail.
On week 12 there, if they need you on week 13, you’ll get called in. They won’t pass over you, and give the job to the newbie with the plaster over his NHS glasses because they would like to sidestep their obligations.

Chalk up a mark to them.