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
If the vast amount of agency drivers who work for the “big three” supermarket operators in NI got together and demanded they come under AWD or they would refuse shifts the “whole sheebang” would grind to a halt rather quickly and I think we could “haggle” quite easily then
There are just not enough “spare” drivers in NI to cover the large number that would be needed, hence the fact why I know the agency couldn’t move drivers about jobs every 11wks and keep them there for 6wks before moving back to “null and void” the AWD rules.
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
In that case your agency is breaking the law. I’m guessing (again) that it is a small agency & a small employer who are just ignoring it and hoping it will go away. To be honest, best of luck to them/you, and as it’s a bit of a grey area as to who would actually do the checks & prosecute then they/you may get away with it for some time.
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
You will need to have worked for this agency for a min of twelve months then you can go to an Industrial Tribunial with your case under the “Less Favourable Treatment Act” citing the AWD rules IF the agency tell you to bugger off.
Would cost some money though so joining a union would help or even better read my first post, if there was such a AWD “stated case” you could approach your agency with same
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
You will need to have worked for this agency for a min of twelve months then you can go to an Industrial Tribunial with your case under the “Less Favourable Treatment Act” citing the AWD rules IF the agency tell you to bugger off.
Would cost some money though so joining a union would help or even better read my first post, if there was such a AWD “stated case” you could approach your agency with same
Be realistic, that’s not how agencies work, they will not tell a driver to ‘bugger off’, all that will happen is that the work will disappear. That’s the joy of being an agency driver…
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
You will need to have worked for this agency for a min of twelve months then you can go to an Industrial Tribunial with your case under the “Less Favourable Treatment Act” citing the AWD rules IF the agency tell you to bugger off.
Would cost some money though so joining a union would help or even better read my first post, if there was such a AWD “stated case” you could approach your agency with same
Be realistic, that’s not how agencies work, they will not tell a driver to ‘bugger off’, all that will happen is that the work will disappear. That’s the joy of being an agency driver…
Not strictly true IF you have been with the same agency for 12mths or more, you would then have some protective employment rights, been there got the T-shirt
I have been with this agency for 2 years,last 19 months working at 1 company.I have rung ACAS today and they say that an agency cannot take you away for 6 weeks then send you back the 12 weeks is a qualifying period when it’s done it stays,the 6 week bit is if someone went to drive for a odd week at 1 company over time they would get 12 weeks so the 6 weeks stops that.
They also say untill it gets to a court nobody can do anything.
Been to citizens advice today,according to them if an agency stops your work after asking for your legal rights that would be constructive dismissal.if someone else was doing work you had been doing.
Still don’t no if they would have to give you your job back afterwards.
mac12:
Been to citizens advice today,according to them if an agency stops your work after asking for your legal rights that would be constructive dismissal.if someone else was doing work you had been doing.
Still don’t no if they would have to give you your job back afterwards.
I finally got a copy of my contract of employment from Employ-E and have sent a rather strongly worded email off to them about the “AWR compliance model” or the “Designated assignment-pay between assignments model” to see how they and Tesco/Grafton stand on them.
Will be interesting to read the reply.
How many payroll/AWR compliance “offshoot companies” come under this outfit :
It won’t be Tesco you will be dealing with, they have stated publicly that they will be forcing the agencies they use to adopt the Swedish Derogation and so your contract is with Grafton, nothing to do with what Tesco are paying their own staff. That’s why they (Grafton) are sorting out your PAYE/NI as they are your employers. Unless your contract of employment has been very badly written (does it even mention Tosco, just out of interest?) then it will be very interesting to see what the outcome will be, but I shan’t hold my breath, there are too many powerful interests involved here.
Is anyone else getting fed up with being offered FT whilst on agency?
If it’s the distribution rather than the client offering, then what’s really being offered is just 40+ hours per week on the same nil hour contract I am assuming.
The clue would be a total lack of any client firm’s T&C sheet being poked at you to help you decide…
Anyways, who wants to take 40+ hours @ £8-9ph when agencies are already paying £10-12 for the exact same job that more importantly you are currently doing!
I’m not going to be interested in FT employment offers until it’s a decent basic plus optional overtime. Decent basic starts in the high £20k’s, and the overtime needs to be on an endemic basis put it that way, and NOT pay less per hour than the flat rate as is the case at some firms already!
Well,
received a phonecall from Grafton today after my rather “terse” email to Employ-E and the outcome is if I withdraw my signature to the AWR regulation10 “Swedish Derogation” opt out clause they cannot give me shifts@ Tesco nor Sainsburys and would have to “source” me other work
The reality now is until a Union or “other” challenges the AWR regulation10 “Swedish derogation” in court the AWR as it stands is not worth the paper its written on
Why would i think that,i don’t work for tesco.When i go to work i have to follow driver’s laws and all the company rules but the company do not have to follow the one law that is on the driver’s side.
mac12:
That story is 7 months old,wish someone would go to court over it then everyone would no where they stand.
Exactly,
it was law for your guys on what 5th Oct 2011 so 12wk period was reached on 5th Jan 2012 and as yet no Union etc after all the talk has got the AWR reg10 opt out clause into an Industrial Tribunial yet