New Agency Rules

I am given to understand that new regulations about temp workers and Agency’s come into effect in October, does any one know what they are or where I can read about them, thank’s .

Bob

legislation.gov.uk/uksi/2010 … tents/made

fill yer boots
from what i read of it, we will be garunteed minimun wage and same rights and company drivers AFTER 16 weeks (i think it was 16) so a total waste of time in my opinion,
im sure somebody can read it, filter out all the crap and post a summary of it in less then 50 words or add a few pics to make it less boring :laughing: :laughing:

I can`t think of a single agency driver/worker who has been in continuous work for 12/14/16 weeks without the odd 1 or 2 day break / lay off.

peirre:
I can`t think of a single agency driver/worker who has been in continuous work for 12/14/16 weeks without the odd 1 or 2 day break / lay off.

We’ve got a few at out place who have worked continuously, apart from rest days and holidays, for between 1 and 4 years. There were more but due to recent changes some have gone.

after 12 weeks we get the same rights as company drivers,but if the agency send you elsewere for 1 day your 12 weeks start again or like me you will get a 12 week contract so you are never there longer thay 12 weeks.No matter what rules come in we will never come out on top.

mac12:
after 12 weeks we get the same rights as company drivers,but if the agency send you elsewere for 1 day your 12 weeks start again or like me you will get a 12 week contract so you are never there longer thay 12 weeks.No matter what rules come in we will never come out on top.

If your agency sends you somewhere else for a day it does not make your 12 week period start again!

colin.f.whitetrans:

mac12:
after 12 weeks we get the same rights as company drivers,but if the agency send you elsewere for 1 day your 12 weeks start again or like me you will get a 12 week contract so you are never there longer thay 12 weeks.No matter what rules come in we will never come out on top.

If your agency sends you somewhere else for a day it does not make your 12 week period start again!

If like me you work full time at one place and then your agency sends you somewhere else even for 1 day you have broken your 12 weeks so you never get same rights

mac12:

colin.f.whitetrans:

mac12:
after 12 weeks we get the same rights as company drivers,but if the agency send you elsewere for 1 day your 12 weeks start again or like me you will get a 12 week contract so you are never there longer thay 12 weeks.No matter what rules come in we will never come out on top.

If your agency sends you somewhere else for a day it does not make your 12 week period start again!

If like me you work full time at one place and then your agency sends you somewhere else even for 1 day you have broken your 12 weeks so you never get same rights

If you read the document it doesnt mean that. The agency i work with have tried to fob a few guys off with that one but they know it just aint the case. They also say if you work through umbrella company it does not apply to you but it does so come october it will be interesting to see what happens

colin.f.whitetrans:

mac12:

colin.f.whitetrans:

mac12:
after 12 weeks we get the same rights as company drivers,but if the agency send you elsewere for 1 day your 12 weeks start again or like me you will get a 12 week contract so you are never there longer thay 12 weeks.No matter what rules come in we will never come out on top.

If your agency sends you somewhere else for a day it does not make your 12 week period start again!

If like me you work full time at one place and then your agency sends you somewhere else even for 1 day you have broken your 12 weeks so you never get same rights

If you read the document it doesnt mean that. The agency i work with have tried to fob a few guys off with that one but they know it just aint the case. They also say if you work through umbrella company it does not apply to you but it does so come october it will be interesting to see what happens

so what happens if they give you a 12 week contract so you are never employed longer than 12 weeks

mac12:

colin.f.whitetrans:

mac12:

colin.f.whitetrans:

mac12:
after 12 weeks we get the same rights as company drivers,but if the agency send you elsewere for 1 day your 12 weeks start again or like me you will get a 12 week contract so you are never there longer thay 12 weeks.No matter what rules come in we will never come out on top.

If your agency sends you somewhere else for a day it does not make your 12 week period start again!

If like me you work full time at one place and then your agency sends you somewhere else even for 1 day you have broken your 12 weeks so you never get same rights

If you read the document it doesnt mean that. The agency i work with have tried to fob a few guys off with that one but they know it just aint the case. They also say if you work through umbrella company it does not apply to you but it does so come october it will be interesting to see what happens

so what happens if they give you a 12 week contract so you are never employed longer than 12 weeks

Then dont sign it!!

Apparently if you are Ltd Co. with agency it doesn’t apply to you.

According to my driver manager at my agency anyway

jesus christ guys…I’ll give you all the general low down shall I, since you’re all so useless yourselves (except colin)

From October 1st, the new Agency Workers Directive comes into force and states that after 12 weeks work at a company doing the same job, you’re entitled to the same pay and conditions as an employed member of staff…this IS NOT retrospective…meaning that EVERYONES first week of their 12 weeks starts on Oct 1st regardless if you’ve already been working there 2 days or 10 years.
In order to qualify for a weeks work, you actually only need to do a ‘few hours’ of work in a week.
For those who keep saying “we’ll be sent somewhere else for a day and our time will be reset”…WRONG…in order for your time to be reset, you have to of been vacant from that company/position for at least 6 weeks. So this means that if for instance, you’re given an 11 week contract and then sent away for 5 weeks and return, you still retain your previous 11 weeks, and just one shift automatically qualifies you for the minimum “12 weeks” necessary to get the same pay.
“What if they give me 11 weeks of work, then send me somewhere else for 7 weeks, then back to the first place for 11 weeks and just keep repeating this?”…Well, the regulations are very clear that this is illegal. If a pattern emerges, then a temporary agency worker now has the right to take the company to an employment tribunal for non-compliance of the regulations.
To make sense of this “entitled to the same pay”, this merely means you’re entitled to the same hourly equivalent pay…Sainsbury’s drivers at Basingstoke are on 36k pa for a 48 hour week, which works out at roughly £14.50ph…so if I do 1 shift a week for them, that doesn’t mean I’m entitled to 36k pa for one days work a week…I’ll be entitled to £14.50ph.
Also, its worth noting that you can gain “multiple entitlements”…for instance, if from Monday to Friday, every week, you work for 5 different companies (1 company per day) you actually build up the 12 weeks with all 5 companies at the same time.

I hope this has cleared some stuff up for you all…if you have any questions I’ll try my best to answer them. But this is where I think the problem with this law lies…DRIVERS themselves! This law is very well structured to our benefit…but I fear that drivers won’t stand up for themselves when companies try to flout it!

Adam_Mc:
jesus christ guys…I’ll give you all the general low down shall I, since you’re all so useless yourselves (except colin)

From October 1st, the new Agency Workers Directive comes into force and states that after 12 weeks work at a company doing the same job, you’re entitled to the same pay and conditions as an employed member of staff…this IS NOT retrospective…meaning that EVERYONES first week of their 12 weeks starts on Oct 1st regardless if you’ve already been working there 2 days or 10 years.
In order to qualify for a weeks work, you actually only need to do a ‘few hours’ of work in a week.
For those who keep saying “we’ll be sent somewhere else for a day and our time will be reset”…WRONG…in order for your time to be reset, you have to of been vacant from that company/position for at least 6 weeks. So this means that if for instance, you’re given an 11 week contract and then sent away for 5 weeks and return, you still retain your previous 11 weeks, and just one shift automatically qualifies you for the minimum “12 weeks” necessary to get the same pay.
“What if they give me 11 weeks of work, then send me somewhere else for 7 weeks, then back to the first place for 11 weeks and just keep repeating this?”…Well, the regulations are very clear that this is illegal. If a pattern emerges, then a temporary agency worker now has the right to take the company to an employment tribunal for non-compliance of the regulations.
To make sense of this “entitled to the same pay”, this merely means you’re entitled to the same hourly equivalent pay…Sainsbury’s drivers at Basingstoke are on 36k pa for a 48 hour week, which works out at roughly £14.50ph…so if I do 1 shift a week for them, that doesn’t mean I’m entitled to 36k pa for one days work a week…I’ll be entitled to £14.50ph.
Also, its worth noting that you can gain “multiple entitlements”…for instance, if from Monday to Friday, every week, you work for 5 different companies (1 company per day) you actually build up the 12 weeks with all 5 companies at the same time.

I hope this has cleared some stuff up for you all…if you have any questions I’ll try my best to answer them. But this is where I think the problem with this law lies…DRIVERS themselves! This law is very well structured to our benefit…but I fear that drivers won’t stand up for themselves when companies try to flout it!

Thanks for that adam im glad somebody else has had a quick look at the document. To be honest at some places it might be good to have the same rights but in others it might just be better not to rock the boat!! Anyway will be good to see the waffle from agencies back tracking when the due date arrives :smiley:

Coffeeholic:

peirre:
I can`t think of a single agency driver/worker who has been in continuous work for 12/14/16 weeks without the odd 1 or 2 day break / lay off.

We’ve got a few at out place who have worked continuously, apart from rest days and holidays, for between 1 and 4 years. There were more but due to recent changes some have gone.

Neil,
take it the guys who have done over 4 years continuous employment are aware under European employment regulations they are entitled to be taken on as permanent employees of the said company in question :question: :exclamation: :exclamation: :confused:
As told to me by an employment specialist solicitor on Wed. :sunglasses:

BTW,

that is VERY good news on the new agency worker rules as I’ve had it confirmed by the transport manager of North Down Borough Council.
They have a fleet of artic ejector trailers and all are driven by agency drivers and he says they will be taking on permanent employees from Oct due to this new legislation :exclamation: :exclamation:

hoping this legislation should help everbody on agencies who want a perm position…my eldest lad is a manager of a print company [non transport related]…he is reponsible for manning up the job…his company has now instructed him to cherry pick the best agency workers to offer them perm positions and only to use the agencys in absolute emergencies....all to be in place b4 mid september...this is down to the same pay for same job part of the changes...the hourly rate paid to the agency will increase and not make long term temps viable....this has got to be good news for the lads and lasses out there wanting permanent jobs....its been a long time coming and hopefully a big step forward...maybe the first usefull thing the goverment has done in a very long time !!!!Well See !!!

Thanks for that Adam, I’d looked at the regs and thought about it hard - and STILL got it wrong in places :blush: That makes much more sense now :sunglasses:

Maybe the AWD is the reason Stobarts are looking NINETY FOUR drivers@ Widnes :exclamation: :exclamation: :exclamation: :open_mouth:

Look:
stobartgroup.co.uk/careers/d … rs-widnes/

peirre:
I can`t think of a single agency driver/worker who has been in continuous work for 12/14/16 weeks without the odd 1 or 2 day break / lay off.

I was at Hygena for 2 years and Arla Foods for 8 months without breaks. Even though its now Howdens Kitchens there are four agency drivers who’ve been there non-stop for 3-4 years.

Adam_Mc:
For those who keep saying “we’ll be sent somewhere else for a day and our time will be reset”…WRONG…in order for your time to be reset, you have to of been vacant from that company/position for at least 6 weeks. So this means that if for instance, you’re given an 11 week contract and then sent away for 5 weeks and return, you still retain your previous 11 weeks, and just one shift automatically qualifies you for the minimum “12 weeks” necessary to get the same pay.

“What if they give me 11 weeks of work, then send me somewhere else for 7 weeks, then back to the first place for 11 weeks and just keep repeating this?”…Well, the regulations are very clear that this is illegal. If a pattern emerges, then a temporary agency worker now has the right to take the company to an employment tribunal for non-compliance of the regulations.
it!

Heh-heh. Someone with a lot of experience of agencies underhanded tactics wrote that legislation.

Wondering about this AWD as its due to become law in NI 1st December this year. :smiley:

Will the driving agencies try to get around the AWD by telling their contracted driver pool to all go self employed :question:
I am doing Ad-Hoc work for both Jark/Grafton atm on Tesco/Sainsburys “shopping trolley” work and its dead on but I would’nt mind being able to claim the hourly wage the permanent Tesco/DFDS(Sainsburys contract) drivers get :exclamation: