Ref the Agency Working Directive (or Regulations):
Does anybody know if there has been a legal challenge(or in the pipeline) for an agency driver yet to the “Swedish Derogation” loophole that was used by the agencies to get around the AWD
Currently back@ Tesco full time via Grafton agency and ■■■■■■ off that the Tesco nightshift drivers are on £14/hour(£22/hour Sunday) and we’re on £10/hour(£11/hour on Sunday) for EXACTLY the same driving work.
If the AWD was properly and LEGALLY implemented I would see a wage increase of some 40%
At a guess would reckon Tesco NI would have approx 70% full time Grafton/Jark agency drivers and 30% Tesco drivers.
Tesco have not recruited direct here for maybe 7/8 years as it seems to be far “cheaper” just to keep upping the agency driver numbers.
Things would change BIG TIME if there was a legal ruling on the proper implementation of the AWD.
I know I signed away my rights with this full time contract under the “Employ-E” umbrella company but surely a challenge at an Industrial Tribunial would stand a good chance of success under the AWD
Could I withdraw the full time driving contract I signed for Employ-E
Can’t believe since the 5th Oct 2011(came in 5th Dec 2011 for NI) when it came in for you guys there have been no legal challenges to the
“Swedish Derogation” used as a loophole by the agencies,
especially with the talk on this thread: viewtopic.php?f=2&t=75348&p=984962&hilit=Agency+working+directive#p984962
think the awd is a waste of time you sign up for agency work so you can pick and choose where you want to work, when you want to work, when you want time off etc. you know the rates of pay and if you go s/e then its your choice as well, the reason companies use agency is to give flexibility and if the agency had to charge rates to enable it to pay £20 per hour on a sunday tesco wouldnt use.
4whatitsworth:
Why don’t you get all the self employed drivers together and agree a rate you are going to work for and then tell the agency.
You obviously don’t know how the average agency/driver situation works. And, to be fair, it’s not the agency that sets the rate, it’s the employer and they have little loyalty to the agencies they use.
How many agencies are charging firms and not passing it on to drivers,where i work there are 2 agencies 1 for drivers and 1 for other staff all other staff got pay rise in january but nothing for drivers. If you push for more money will you still get work?
if your going into work at tesco,asda etc… except to be treated like something on the bottom of your shoe.
ive worked for asda quite a few times and im banned at asda normanton but still ended up at asda doncaster… now i hate supermarket work and now refuse to do it.
the way they treat agency drivers is a disgrace with a " if you dont do it there is plenty more that will " attitude
I’m not self employed through “Employ-E”, at least I don’t think so as they deduct NI/Tax as PAYE, after they have deducted the “expenses” part
“Umbrella” companies via the agency are a fairly new thing in NI mainly I suspect because of the AWD rules.
I’m fairly familiar with equal pay matters as 190 colleages and I have just settled a “Less Favourable Treatment” equal pay case with a previous employer through the Industrial Tribunial.
I’m currently now fighting an equal pension/agism case with the same government employer I was with for over 23yrs.
I would need to be an employee for over a year before I would have any legal standing over equal pay matters etc.
Finding out info about an AWD “stated case” would be nice though
ALL the Jark/Grafton agency drivers@ Tesco NI are “on the books” either full time or casual, NONE are SE.
Tesco NI are OK to work for as agency drivers(some there full time 10+ years ) out number the regular Tesco men by approx 3 to 1 and we are treated roughly the same APART from the hourly wages
the trouble is an agency to pay £20 would be 20=12.8% ni plus 9.95% hol pay then you have the agencys expenses on top plus any profit margin so to pay 20 you would roughly be looking at a charge of around 26-27 per hour no agency will get that sort of a charge from a client. as for drivers pay rises i tried when i last worked in recruitment a few years ago and its nigh on impossible to negotiate one as other smaller agencies will come in under what i woudl have charged in most cases, then the rates go down not up something that has happened in nottingham since i have lived here 6 yrs ago i was on 8-8.50 time and a half after 8 and sats double time sun and bank hols most places now pay 8 or 8,50 flat rate 10 sat and 12 sun!
The best solution of all would be to legally “persuade” Tesco NI to recruit about 30 new full time drivers, I’m willing to bet that EVERY full time Jark/Grafton agency man there ATM would apply.
Hard to turn down £4/hour extra on nights, £12/hour extra on Sundays and TRIPLE time (£42/hour) on public holidays IE the Queens jubillee on Tue
The above is prob the reason way they will continue to replace full time Tesco drivers who retire by full time agency.
So you took a job a now your whinnying that full time staff get a better rate than agy drivers you took the job you knew the rate no point whining about it now
^ my point exactly as an agency bod you can pick choose etc f/t tesco drivers cant they get a rota shift etc and thats it! you sign on with the agency they say oh i got you a start at tescos its x amount per hour you say yeah thats great thanks then expect the agency to pay 42 for bank hols??
Was that not what the AWD was brought out to sort out
IE to provide pay and working conditions EQUALITY for agency workers who had been there at the same firm for 12+wks
To stop employers exploiting the “loophole” of using large numbers of agency instead of regular full time workers to avoid NI contributions/sickpay/ redundancy/holidays and EQUAL pay etc etc
I’d say the trick to all of this is not to be full time when on agency.
Don’t people do agency so they don’t HAVE to be working full time in the first place?
Defeats the object if you’re gonna do 40+ hours a week, every week don’t it?
Just get the full time job, and get that 25% staff discount as well.
It’s been yonks since Tescos have recruited FT though, so don’t hold your breath!
I do enough shifts at Tescos to make up my 24 hour average aggregate, and am not interesting in going full time without a substantial encouragement to do so.
£15+ph and all the staff perks might be just enough to do that, but not a penny less. Not a sniff of it at Snodland though.
