AWD any legal challenges yet?

The AWD directive came into law in Ireland two weeks ago most of the agencies are saying that they need their legal dept&HR plebs to look at the legislation even though it was published back in december :astonished: ,A lad I know who works for an agency has been informed that they will be getting the full time rate of pay including ot/shift allowance which will also be back dated to last december.
What a very large yellow logistics company did when they saw this AWD coming in was to hire some of the agency lads but keep them on the same pay rate that they were getting of the agency so they would not have to pay the agency lads the same rate that the full time ones got once the directive came in.
The company I do work for only has two of us working there through an agency so were waiting to see what happens as we could be in for a nice few quid when you throw in ot&30% shift allowance.

i would assume that if someone manages to get the awd paid out in full all that will happen is drivers at tesco etc will do 11 weeks and be put somewhere else for a while therefore losing both money and a job they were happy with!

I thought that was the way it was already done? :question:

cheekymonkey:
What the OP wants is pay equality AND the flexibility of being agency. Actually, I wouldn`t mind that myself!
Nothing wrong with reaching for the sky. :smiley:

Not so,

would be first in line if Tesco NI were to advertise for drivers, pay is bloody good :exclamation: :exclamation: :sunglasses:

war1974:
i would assume that if someone manages to get the awd paid out in full all that will happen is drivers at tesco etc will do 11 weeks and be put somewhere else for a while therefore losing both money and a job they were happy with!

AWD is retrospective,
so unless your agency has a LARGE number of other clients to send you too every 11wks then when you come back to your original Tesco job you have ONE more week to complete then you entitled to the AWD. :sunglasses:

i thought it had to be unbroken 12 weeks? almost all drivers during the summer could pretty much rack up 12 weeks in total!

If there’s a break of 6 weeks then the ‘clock’ is set back to zero, though in theory if this method was seen as being used to deliberately circumvent the rules then it would be illegal…

If you’re really interested in the regs, there’s a booklet available here: http://www.bis.gov.uk/assets/biscore/employment-matters/docs/a/11-949-agency-workers-regulations-guidance.pdf

No wonder the country is ■■■■■■. There should be a restriction on the amount of agency workers you can employ relative to full time workers. ie only one in ten workers can be agency. Drive the agency scum with their undercutting rates and pushing down wages out of business.

starfighter:
No wonder the country is [zb]. There should be a restriction on the amount of agency workers you can employ relative to full time workers. ie only one in ten workers can be agency. Drive the agency scum with their undercutting rates and pushing down wages out of business.

The agencies are only there because there’s a market for them & the likes of Tosco, who refuse to accept the AWR, have told agencies to sort it out (hence the use of the Swedish Derogation). One of the agencies I’m with refuses to use the derogation and hence doesn’t supply Tosco with drivers any longer.

The way it looks to me is that the government’s plans to make it easier to sack people are redundant, firms just keep staff on agency forever with no hope of a job and can get rid of them at a moments notice. In my mind if you need ten drivers permanently in your yard from an agency then you could and should be employing those ten. I understand that firms use agency to insulate themselves from the risks of employing people and finding a drop in work, but the case of BMW at the mini factory brings to mind the total lack of rights that agency workers have even after nine years in the job.

but isnt that the whole point of deciding to work for an agency? i have done both sides and prefer agency for example if i want a few days off next week because its looking like great weather i just say i can only work thur fri, you cant do that on a f/t job.

war1974:
but isnt that the whole point of deciding to work for an agency? i have done both sides and prefer agency for example if i want a few days off next week because its looking like great weather i just say i can only work thur fri, you cant do that on a f/t job.

Would you be happy doing your three days/week carrying out the EXACT same work for 40% less per hour over a protracted amount of time :question: :exclamation: :exclamation: :open_mouth:

I’m currently with the agency because there is NOTHING else out there there pays £9/hour or more for “local” HGV work.

i work 3 or 4 days a week at one firm been there 19 months there drivers get £4 per hour more plus free dcpc training and meals,when we all do the same job we should get same money.The firms are just useing us as cheap labour instead of employing staff.

mac12:
i work 3 or 4 days a week at one firm been there 19 months there drivers get £4 per hour more plus free dcpc training and meals,when we all do the same job we should get same money.The firms are just useing us as cheap labour instead of employing staff.

So are you on PAYE with your agency, in which case the AWR will affect you? or have you agreed to work on a self-employed basis so that they can get around the rules? Unfortunately you can’t have it both ways, & I’m guessing you weren’t given much choice.

tallyman:

mac12:
i work 3 or 4 days a week at one firm been there 19 months there drivers get £4 per hour more plus free dcpc training and meals,when we all do the same job we should get same money.The firms are just useing us as cheap labour instead of employing staff.

So are you on PAYE with your agency, in which case the AWR will affect you? or have you agreed to work on a self-employed basis so that they can get around the rules? Unfortunately you can’t have it both ways, & I’m guessing you weren’t given much choice.

I am on PAYE via “Employ-E/Legal-E” umbrella company based in Edinburgh but am still “directed and controlled” for shifts/queries etc via Grafton Agency in Belfast.
Employ-E deduct tax/NI weekly in my wages once the £160/week “expenses” part has been worked in.

On 15th July I will have completed the 12wks@ Tesco so I should then fall under the AWD rules :question: :neutral_face:

Big Truck:

war1974:
but isnt that the whole point of deciding to work for an agency? i have done both sides and prefer agency for example if i want a few days off next week because its looking like great weather i just say i can only work thur fri, you cant do that on a f/t job.

Would you be happy doing your three days/week carrying out the EXACT same work for 40% less per hour over a protracted amount of time :question: :exclamation: :exclamation: :open_mouth:

I’m currently with the agency because there is NOTHING else out there there pays £9/hour or more for “local” HGV work.

to be honest i have worked recently for agencies i signed up knowing the rates and the types of work and accept that, i personally cant see the problem with having agency workers in it gives flexibility at the drop of a hat to companies rather than having lots of drivers sat around doing nothing during slack periods (jan feb mar in most haulage cases). i have worked at royal mail there drivers were on more than me but i knew the rates and enjoyed the work it gave me a chance to work somewhere i would have never been able to on a full time contract. i really think its a case of wanting your cake and eating it :open_mouth: .

war1974:

Big Truck:

war1974:
but isnt that the whole point of deciding to work for an agency? i have done both sides and prefer agency for example if i want a few days off next week because its looking like great weather i just say i can only work thur fri, you cant do that on a f/t job.

Would you be happy doing your three days/week carrying out the EXACT same work for 40% less per hour over a protracted amount of time :question: :exclamation: :exclamation: :open_mouth:

I’m currently with the agency because there is NOTHING else out there there pays £9/hour or more for “local” HGV work.

to be honest i have worked recently for agencies i signed up knowing the rates and the types of work and accept that, i personally cant see the problem with having agency workers in it gives flexibility at the drop of a hat to companies rather than having lots of drivers sat around doing nothing during slack periods (jan feb mar in most haulage cases). i have worked at royal mail there drivers were on more than me but i knew the rates and enjoyed the work it gave me a chance to work somewhere i would have never been able to on a full time contract. i really think its a case of wanting your cake and eating it :open_mouth: .

Are you even reading my posts :question: :exclamation: :exclamation: :unamused:

I have said I am only working for the agency because in the current jobs market there is nothing else out there that pays something half respectable in NI for HGV1.
If Tesco/Sainsburys/Asda advertised for FT drivers I would apply,
I just DON’T like being used as CHEAP LABOUR and taking the ■■■■ on wages :exclamation: :imp:

yes but your only comparing the wages you get vs tesco etc most drivers are not on £9 ph maybe tesco have realised that they pay drivers too much cant drop the wages so use agency.

Any company that has to make money out of the haulage can’t pay decent money, that’s the preserve of own account operators.

tallyman:

mac12:
i work 3 or 4 days a week at one firm been there 19 months there drivers get £4 per hour more plus free dcpc training and meals,when we all do the same job we should get same money.The firms are just useing us as cheap labour instead of employing staff.

So are you on PAYE with your agency, in which case the AWR will affect you? or have you agreed to work on a self-employed basis so that they can get around the rules? Unfortunately you can’t have it both ways, & I’m guessing you weren’t given much choice.

I am on paye,only thing is if i start on about more money will i get any work