You need to create an account to read the full article?
So create one…?
or follow the link in the other thread
Beetlejuice:
You need to create an account to read the full article?
Its free to register and MT is aimed at the 3pl/4pl logistics sector so very little chance you will get spammed
Hope they win …it’s about time this scam is stamped out
Vid:
or follow the link in the other thread
cheers Vid
So this is the guy, an agency driver i read about in a recent post. He wanted a holiday…the company told him he couldnt have it when he wanted it…so as the firm is a unionised one, he reported to them to act on his behalf stating that as he is on hire to them on a long term contract, he should be treated as an employee under the same terms as regular drivers…anyway he lost the case…i would like to know, that as an agency driver, he should have said I dont work FOR you, i am HIRED to you, and therefore i can take my holidays when i want…i would have told the agency the same…wont be available for July/August or whatever…and thats his only right as far as i can see, which is why drivers choose agency over full time employment, it seems Mr Shaddick…wants the best of both worlds, and causes a stink when he cant get his own way. thats my opinion on that.
I can see the point he is making. Under the Agency Workers Regulations once you’ve been there for 12 weeks you’re supposed to be on the same terms as fulltime drivers with a few exceptions. Unfortunately there is the Swedish Derogation get out clause but we don’t know if his agency use that so whether the 12 week AWR rule applies or not.
Personally I think it ■■■■■. My agency use the Swedish Derogation and I had just one week in 3 years with no work at HJ where the agency paid me just 8hrs so they were in compliance but thanks to their use the of the derogation I am losing out on £12,000 a year if I do the fulltime hours their drivers are contracted for.
A bit unusual Conor, as wherever i have worked, the agencies have always earned more, and did the least for it too…but Cie la vie eh
It says he’s self employed so is working for himself not the agency so wouldn’t come under the AWR,
Conor:
I can see the point he is making. Under the Agency Workers Regulations once you’ve been there for 12 weeks you’re supposed to be on the same terms as fulltime drivers with a few exceptions. Unfortunately there is the Swedish Derogation get out clause but we don’t know if his agency use that so whether the 12 week AWR rule applies or not.Personally I think it ■■■■■. My agency use the Swedish Derogation and I had just one week in 3 years with no work at HJ where the agency paid me just 8hrs so they were in compliance but thanks to their use the of the derogation I am losing out on £12,000 a year if I do the fulltime hours their drivers are contracted for.
I thought you had stopped driving have you started again?
Surely Mr Sharrock works for Sharrock Transport Services i.e. himself.
If he wants a day off then he tells himself to have a day off. Of course as he finds work through an agency it would be courtesy to inform them in advance. If this is not the situation then it would be a hard argument to say he’s actually directing and in charge of his own company.
If Mr Sharrock can neither control the hours he works or the rate paid then he can’t be fulfilling his role as a director surely?
Sent from my Redmi 4 using Tapatalk
Why did the idiot sign up for agency work in the first place and go to all the trouble setting up Ltd company? There are plenty of paye jobs about and most agencies give you the choice. I did once sign up for ADR but didn’t work for them (found better work) but they did give me the choice of Ltd or paye at the interview.
As for holidays, you are asked what’s your availability for the following week and if you want a holiday you just put unavailable, you are a contractor not a full time worker.
As for hourly rate, I am working on a Wincanton contract as a Ltd driver and I am on far more money than the core drivers. Some of the drivers pack in working for the agencies and go full time, last couple months then leave cos they end up taking home far less money.
I think he is just ■■■■ stirring and just trying to ruin it for the rest of us who want to do Ltd. I know most of trucknet members hate Agencies and us limpers but I have done very well out of the flat rate scheme and hope to carry on as long as possible, So prats like this make my blood boil.
elsa Lad:
Why did the idiot sign up for agency work in the first place and go to all the trouble setting up Ltd company? There are plenty of paye jobs about and most agencies give you the choice. I did once sign up for ADR but didn’t work for them (found better work) but they did give me the choice of Ltd or paye at the interview.As for holidays, you are asked what’s your availability for the following week and if you want a holiday you just put unavailable, you are a contractor not a full time worker.
As for hourly rate, I am working on a Wincanton contract as a Ltd driver and I am on far more money than the core drivers. Some of the drivers pack in working for the agencies and go full time, last couple months then leave cos they end up taking home far less money.
I think he is just [zb] stirring and just trying to ruin it for the rest of us who want to do Ltd. I know most of trucknet members hate Agencies and us limpers but I have done very well out of the flat rate scheme and hope to carry on as long as possible, So prats like this make my blood boil.
In the end, it’s in the interests of the majority that employment laws are suited to the protection of full-timers, not to the needs of part-timers-by-choice, casuals, and tuppenny-hapenny contractors.
As I think you acknowledge, you’re only doing well because of the tax fiddles involved and because you can be dropped like a hot potato for any reason. But for guys with mortgages or kids, who need the market to be shaped in a way that offers years or decades of steady income - and for anyone who wants to live in a society where we have schools and hospitals, and even roads that don’t break our wheels and our backs driving over the potholes - your approach of paying no tax and having no long-term guarantee of work just doesn’t work.
It doesn’t suit reputable firms either, who want to know that they can run a steady ship for decades on end, and can make investments in honing skills, processes and procedures, and investing in quality equipment that improves productivity but has to be looked after, without risking some fly-by-night gang swooping in to mop up their business for 12 whole months by hiring “contractors” and using yesterday’s clapped-out wagons, before going bust and throwing the workforce onto the dole for the state to support, and leaving customers in the lurch.
That’s always been the difference between Britain and Germany for example - where Britain is once again the sick man of Europe on wages and productivity, soon maybe to be the sick man outside of Europe.
truckyboy:
A bit unusual Conor, as wherever i have worked, the agencies have always earned more, and did the least for it too…butCie la vieeh
This is the only place I’ve worked at in almost a quarter of a century where the permanent drivers get paid more. I don’t know of anywhere else where that is the case. Its even more mad given the hourly rate I’m on is very good for the area as well, even for agencies.
I thought you had stopped driving have you started again?
Yep. Job I was doing should have been twice the money it was and there’s only so long you can try to work miracles and get stuff done on time at a place where there is basically no managing of anything so constant cashflow and ordering issues. Was a dream job that turned into a nightmare.