Passed C in Nov, started work shortly after for a local company doing multi-drop via an agency. Usual Friday afternoon, got my TM to sign off my timesheet for the week of which all he needed my total hours, but by total hours he needed my work time plus breaks (don’t get paid for breaks) but the agency charges the company for my breaks even though they don’t pass this to me. I don’t expect to get paid for my breaks, but don’t really expect the agency to get paid for them either…
Not worked for an agency before so generally is that the norm or am I (and the company I’m working for) having our legs lifted by the agency??
I don’t know whether its normal for an agency to charge for breaks but it is normal for the driver to not be paid for the first 45 minutes of breaks. Any further break time should be paid
Isn’t the law now that agency has the same rights as an employee, if the regular staff gets paid for breaks then the agency worker is entitled to same?
Vid:
Isn’t the law now that agency has the same rights as an employee, if the regular staff gets paid for breaks then the agency worker is entitled to same?
i’m sure this only applies after you’ve worked there for 3 months .
Bottom line with agencies is that it’s essentially none of your business what they charge their clients. They have X contact with their client, you have Y contract with them. It’s how it works.
However, if it’s really ■■■■■■■ you off that much: “Ere boss, If I go self employed, I’ll undercut the agencies rate by x% - up for it ?”
That said, you’ll have a clause in your contract (or if not, the client will) that if they engage you directly within X period of you working for them via the agency, one/both of you needs to pay the agency a ‘finders fee’. You could just keep it on the quiet. Or you could tell them to go ■■■■ themselves.
Or, you could just get on with the job and ignore it. Which is probably best.
Vid:
Isn’t the law now that agency has the same rights as an employee, if the regular staff gets paid for breaks then the agency worker is entitled to same?
Yes and no.
First of all you have to have been there 12 weeks. Secondly if they’re using the Swedish Derogation then no they don’t have to give you the same but they do have to pay you an agreed minimum amount in weeks where there’s no work.
Chris1207:
However, if it’s really [zb] you off that much: “Ere boss, If I go self employed, I’ll undercut the agencies rate by x% - up for it ?”
That said, you’ll have a clause in your contract (or if not, the client will) that if they engage you directly within X period of you working for them via the agency, one/both of you needs to pay the agency a ‘finders fee’. You could just keep it on the quiet. Or you could tell them to go [zb] themselves
But if you start a ltd company they are not engaging you directly
Been with agency (and same company) now for nearly 4 months, and had work everyday since. On PAYE so am accruing holidays (have taken a couple of days). The employed guys don’t get paid their breaks either, and as I said above this isn’t a problem but thought it a bit cheeky/underhand that they charge the company when I’m not actually working. When I spoke to my TM on it he seemed a bit p***** off saying “yeah that’s just what they do”. As said above none of my business, just glad to have regular work.
Just for info there are more agency guys than employees, must be costing them a few quid…
I don’t. The original post was just a question as to whether this is the norm or not and is this the way agencies generally charge for there services…As I said I’m just glad I have regular work.
Where I work we add up the total time from start to finish in the day… ie 6am stater to say 9pm finish = 15hrs the -1 hour to allow for breaks => 14 hours worked on the time sheet. The reality is that your breaks would be more…
We use agency staff from time to time, regular office work mind, not driving. They get 1 20min break (Working Time Directive) which they are paid for, and 30mins ‘discretionary rest’ which they are not paid for whether they take it or not
We are charged for both on the basis that we’re renting that worker for a set period at a set rate. How the worker and the agency sort out their relationship is up to them.
Oh, and guess whose ‘discretion’ that 30mins is subject to? Yep, that’s us, the client.
