After 12 weeks on a continuous assignment part time or full time agency workers are entitled to the same rights as though they are a permanent employee of the company that they are hired to.
Pay
SSP
Paternity
Holidays
Does that mean that if you have worked consecutive for 12 weeks that your rights are protected.
I used to remember always being given a p45 every few months but this last 12 months no p45.
I can understand why pressure is put on to become Ltd. Would this decision to become Ltd take away them agency rights.
not sure about all the benefits , but when I was with agency I was pleasantly surprised to get a phone call from them to say as from next week your hourly rate goes up to x in line with what the full timers were getting . the job was origionaly for 2 weeks up until Christmas and I was there till the end of july
You do not have to work for 12 weeks straight though you can have a gap of up to 6 weeks, and a weeks work can be as little as 1 hour.
After 12 weeks you get nearly everything regular staff get such as pay, holidays, free use of canteen some things aren’t covered but cannot remember what.
You need to check what you signed at the agency because to get round AWR they put you on a reg 10 contract which means you work for the agency so never get AWR rights but can be guaranteed so many hours pay per week even if no work, you will never get this as they will always have something for you to do.
If LTD you still get some rights but not many
syramax:
not sure about all the benefits , but when I was with agency I was pleasantly surprised to get a phone call from them to say as from next week your hourly rate goes up to x in line with what the full timers were getting . the job was origionaly for 2 weeks up until Christmas and I was there till the end of july
Think your agency has been under paying you if you were on less than the full time staff, only time I’ve had that was in 1988 when I first started driving, not heard of it since.
Yes but make sure you make sure the agency know you know, and that the company actually tell the agency the real T&Cs their own drivers are on (companies can be economic with the truth, if they are better than the ‘agency’ rate).
So a legitimate question I can now ask the agency is ‘will I be getting Christmas holiday pay? now that I’ve been working for you for the same company for over 12 weeks?’
I’m on agency work,
I earn a lot more per hour than the regular drivers at the company I have been working at since May 2013.
I get 28 days holiday pay.
I’m guaranteed 40 hrs.
why should I want equality ■■/
MikeDBristol:
So a legitimate question I can now ask the agency is ‘will I be getting Christmas holiday pay? now that I’ve been working for you for the same company for over 12 weeks?’
Very interesting topic, so what if you are working through an umbrella company, what rights are you going to be entitled too then as you are employed by the umbrella company and not the agency■■?
Don’t bank on getting exactly the same as permanent employees. I used to work permanently for BOC Gases and they used the “Swedish Derogation” to worm their way out of paying agency drivers anywhere near what we were earning.
As mike says, they may use the Swedish Derogation to get around it but if they are they must pay you a set amount when there is no work.
Also the AWR only applies to agency workers on PAYE directly from the agency, not those using umbrella schemes or Ltd/self employed. If you are using an umbrella/Ltd/self employed then you would have to effectively go to yourself to get the same pay under AWR.
I’m in a different situation. I am sub-contracted out from one agency to another. Under AWR I’m therefore only entitled to the same pay/conditions as the agency drivers at the agency I’m sub-contracted to, not their client. Fortunately I already get that so I’m happy. The other contracts I get sent on I get paid more so I don’t really want to push AWR as its not to my benefit. However if I was working for the agency I’m subbied to on PAYE at the place I’m at I sure as hell would be pushing for AWR as their drivers are on £250/week more for a 56hr week plus bonus and pension scheme. From what I can gather from the rumour mill it appears some of their drivers have woken up to this and there’s some worried people at the agency because there’s quite a few drivers been in there effectively full time for the entirety of the time the AWR has existed. It could result in a payout of £10,000s per driver if it were to go to tribunal.
syramax:
not sure about all the benefits , but when I was with agency I was pleasantly surprised to get a phone call from them to say as from next week your hourly rate goes up to x in line with what the full timers were getting . the job was origionaly for 2 weeks up until Christmas and I was there till the end of july
Did you not think to ask why they’d been taking the ■■■■ Royally out of you for the past 12 weeks?
You’ve always accrued holiday pay and always will, I work it out using the 8 hours worked equals 1hour 5mins holiday pay. I ask for mine to be paid weekly and work it out for them so nothing is lost in the mists of time. And if I did happen to get a PAYE ‘job’ then I wouldn’t lose out. They mostly all have their own way of working it out in their favour but if you brush up on lingo and facts for five mins from hmrc website it’ll make you sound like you know what your talking about
the job was origionaly for 2 weeks up until Christmas and I was there till the end of july 
