I started work for an agency over 3.5 years ago, worked for the same client for a year then got a full time job, was at that job for 2.5 years, left unexpectedly and emailed the agency to see if they had work at the same client I worked at before and they did, went to work more or less immediately without signing any new documents just had to email my cards.
Been working at the client for 18 weeks, client upped the rates and it would work out better for me to go full time. Client emailed the agency saying I want to go full time employee status, agency responded with
“presently we have a policy where no drivers are agreed to transfer to a client. Due to the national driver shortage we are unable to recruit/replace the drivers, several clients have requested our driver to transfer and this has included x-xk payments”
X is payment I won’t disclose on here.
Next bit
“For your information and clarity, all drivers sign an agreement to notify us if they or the client offers them FTE, there is a 8 week cooling period if a driver changes to another agency to escalate a T-P arrangement, the client is prohibited from employing the driver directly within 6 months from their last shift”
It really depends what the contracts say and if they are overruled by the legislation or not (only a legal expert would be able to say). Certainly if there are no clauses, at 18 weeks work you would be able to go permanent and I don’t think there would be any fee payable by you or the client for doing so.
I have heard of the 8 weeks before and that is there normally to stop agency flipping. This may be written into contracts, but I don’t think it is legislation as such. Agency workers are free agents and can switch agencies even at the same client.
Tell the agency you want them to match what you would be getting by working directly for the client otherwise you will find employment elsewhere and see what they say to that.
Theoretically after 12 weeks you are entitled to pay parity anyways, so you should be on the same pay and terms as permanent employees anyway at this point.
Noremac:
Agency workers are free agents and can switch agencies even at the same client.
Exactly, although the agencies might get worked up about these stupid transfer fees etc, I seriously doubt most would actually want to take the client to court. It would be commercial suicide as there are far too many agencies and companies do talk so the agency could get dropped by lots.
So would recommend simply quitting the agency, maybe go on a weeks holiday and then join the company. ■■■■ the agency, they have no loyalty to the op.
Noremac:
Agency workers are free agents and can switch agencies even at the same client.
Exactly, although the agencies might get worked up about these stupid transfer fees etc, I seriously doubt most would actually want to take the client to court. It would be commercial suicide as there are far too many agencies and companies do talk so the agency could get dropped by lots.
So would recommend simply quitting the agency, maybe go on a weeks holiday and then join the company. [zb] the agency, they have no loyalty to the op.
Mentioned that pal… Contracts got mentioned, it’s a big company I wanna join, it’s the difference between starting with them, working somewhere else and the rejoining without signing anything
welshmark:
Been working at the client for 18 weeks, client upped the rates and it would work out better for me to go full time.
Err why are you not on the same hourly rate and annual leave as the client is paying their drivers? The Swedish Derogation of the AWR that agencies used to get out of paying parity pay was rescinded from 6th April 2020 so if you’re on PAYE with the agency they have to give you parity pay after you’ve been with a client 12 weeks and it doesn’t have to be a continuous 12 weeks either.
welshmark:
I started work for an agency over 3.5 years ago, worked for the same client for a year then got a full time job, was at that job for 2.5 years, left unexpectedly and emailed the agency to see if they had work at the same client I worked at before and they did, went to work more or less immediately without signing any new documents just had to email my cards.
Been working at the client for 18 weeks, client upped the rates and it would work out better for me to go full time. Client emailed the agency saying I want to go full time employee status, agency responded with
“presently we have a policy where no drivers are agreed to transfer to a client. Due to the national driver shortage we are unable to recruit/replace the drivers, several clients have requested our driver to transfer and this has included x-xk payments”
X is payment I won’t disclose on here.
Next bit
“For your information and clarity, all drivers sign an agreement to notify us if they or the client offers them FTE, there is a 8 week cooling period if a driver changes to another agency to escalate a T-P arrangement, the client is prohibited from employing the driver directly within 6 months from their last shift”
Can any of you make head or tail of this rubbish?
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If you signed that, then they win. If you didn’t sign it - tell 'em where to put it, and start your new job, not looking back, I’d suggest.
The Client tells the Agency who can and cannot work at their site in any circumstances - NOT the other way around.
When I was offered temp to perm back in 2015, the agency agreement was that the client only need employ them placement via the same agency at the site for 12 weeks on the spin prior to me taking up the full time post. That was it. The agency couldn’t really afford to lose me at the time as in OP’s case’s agency, but needs must, and at the end of the day - you are your own person.
Imagine how it would have sounded if the client told me instead “The agency has just asked us to ban you from site, as they are unhappy we’ve offered you a full time job here…”
“Take a long walk off a short pier” springs to mind.
.