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!
Think a Tsco Week is 36,5 hour but could be wrong. Just know it from a Job Offer when they were employing Warehouse Staff
Now,you have to be taken as if you were employed,if you have worked at one and the same site for a Period of Time.
but
First at all just if you are booked in.If the Company doesn’t needs Drivers they don’t book them
Second,you will not get the Benefits as the Employed Driver
and
a good Agency will book you after a few Day in on another Site,so you are not counted as Permanent Driver.
Look for Employment at a Company before Autum is here and every has a Recruiting Stop
Otherwise you may get in a Warehouse or Office a better Deal,as i heard the Agency who supports Tsco around London has a Office in Rumania,taking Drivers for £7.50
Don’t know how much is true on that Story,but it listens not very nice.
B1 GGK:
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!
Got a query,
Can a ‘few hours’ be defined?
I am contracted to attend 40 hours a week + O/T, start at 8 and finish at 5 (minus hours lunch), so on your ‘few hours’ an agency can come in do 2 days then after 12 weeks gets on the same pay and bonus as me?
I thought about this as well but I’ve drawn my own conclusion. In the document where it says “even if you only do a few hours a week” I think that’s just being used as a figure of speech, but I can imagine that it doesn’t matter if your shift only lasts an hour long, it’s still considered to be a shift, and therefore should still count towards your 12 weeks.
Permanent drivers won’t be happy about this new law, but hopefully this will put agencies back to what they were for…as a last resort!
I’m sure though that closer to October when the final draft of the regulations come out, it will give examples…but when it does I’ll put the summary of it on here and/or send it to a MOD so they can put a link up on the forum.
I see evidence of companies already thinking about the AWD here in NI already:
Hendersons advertising all over the manor for full time drivers.
Randstand going mad for trampers for DHL/TK Maxx work.
North Down Council looking full time class1 for ejector trailer work instead of Grafton agency drivers from Oct.
DFDS/Sainsburys contract possibly looking for a number of full time drivers.
Tesco for the first time in years maybe recruiting up to 20 full time drivers in Oct.
Capper Trading also have advert for a number of class1 drivers in Saturdays Farming Life.
PRM looking full time drivers too.
Hope it helps the bloody wages 
Research as produced in The Telegraph today suggests that company’s are trying to hire staff before this legislation comes in, whilst still moaning and whinging about it’s implementation.
"The EEF said one in four manufacturers relies on temps extensively, so the impact “is going to be significant”.
It all depends on what the EEF means by this.
Stan
Was “winding up” a Tesco transport Manager last night saying how the agency drivers are in for a good payrise come 1st Dec and he said the definition of “a few hours a week” will be min 30hours/week.
Tesco here in NI are putting agency drivers through their driving assessments “10apenny” ATM, even seen two drivers doing the theory@ 2am last night