Unfair dismissal or agency lark?

Got asked if I could make it in next week again which I obliged to but informed them I’d be taking a week off from the 19th - gaffer at the place agency sent me said I’d be better taking it from the 18th but then they “would need to get another driver in and put him through an assessment all for a weeks work”, and then, “and then we don’t know if you’ll be back after that as it would be better to keep him…”

So, basically because I need to go to England for a few days, they need to draft someone else in, put them through a driving assessment and all that just for one weeks work, and what came across to me as a slightly threatening message that by taking the holiday it would endanger my placement.

So I went to see his gaffer to talk to him about it, as I think it’s a little unfair that I’ve offered to help them (and have helped them) by loading bins when they don’t need me to drive… so is it unfair dismissal or is that ■■■■■■■■ out the window because it’s not permanent on agency?

Told you they were ■■■■■. :imp:

Hi Sam, if your working for them through an agency then I presume they can keep your replacement on if they want. How long have you been with them? do you do any other work for the agency? Unfair dismissal is out of the window because if your on agency you don’t work for the waste management co. and they don’t have to give you holidays, so basically your not turning up for work and they have to get someone else in at their inconvenience.

You haven’t been there long enough to claim unfair dismissal and you’re agency so you wouldn’t get anywhere with unfair dismissal even if you’d been there years.
Anyway if the driver they send in to replace you whilst you’re off work isn’t any good or doesn’t want the job you’ll be back after your time off.

Welcome to life on agency :wink:

Foxstein:
Hi Sam, if your working for them through an agency then I presume they can keep your replacement on if they want. How long have you been with them? do you do any other work for the agency? Unfair dismissal is out of the window because if your on agency you don’t work for the waste management co. and they don’t have to give you holidays, so basically your not turning up for work and they have to get someone else in at their inconvenience.

They’ve allowed me to take a holiday before, (well the day off for an interview) so I think they’re just being ■■■■■ about it…

Your very lucky to have continuous work through an agency, lots on here are lucky to get 3 days a week. I wouldn’t risk taking time off in case I lost my placement. Also it’s not a holiday, they’re not paying you for time off and neither are the agency so your taking time off, your letting them down basically. By the sounds of it they gave you work even when there wasn’t any driving to do so they looked after you a bit.
Agency is a not like working for someone, that is why they are trying to get this 12 week thing in place.
You’ve just got to ask yourself is taking time off going to be worth it in the end, do you really need to go?
good luck

Sam Millar:

Foxstein:
Hi Sam, if your working for them through an agency then I presume they can keep your replacement on if they want. How long have you been with them? do you do any other work for the agency? Unfair dismissal is out of the window because if your on agency you don’t work for the waste management co. and they don’t have to give you holidays, so basically your not turning up for work and they have to get someone else in at their inconvenience.

They’ve allowed me to take a holiday before, (well the day off for an interview) so I think they’re just being [zb] about it…

Take it as a compliment young Samuel…sounds like they don’t want to lose you… :wink:

44 Tonne Ton:

Sam Millar:

Foxstein:
Hi Sam, if your working for them through an agency then I presume they can keep your replacement on if they want. How long have you been with them? do you do any other work for the agency? Unfair dismissal is out of the window because if your on agency you don’t work for the waste management co. and they don’t have to give you holidays, so basically your not turning up for work and they have to get someone else in at their inconvenience.

They’ve allowed me to take a holiday before, (well the day off for an interview) so I think they’re just being [zb] about it…

Take it as a compliment young Samuel…sounds like they don’t want to lose you… :wink:

That’s because there aren’t many that will jump into his shoes.

Foxstein:
Your very lucky to have continuous work through an agency, lots on here are lucky to get 3 days a week. I wouldn’t risk taking time off in case I lost my placement. Also it’s not a holiday, they’re not paying you for time off and neither are the agency so your taking time off, your letting them down basically. By the sounds of it they gave you work even when there wasn’t any driving to do so they looked after you a bit.
Agency is a not like working for someone, that is why they are trying to get this 12 week thing in place.
You’ve just got to ask yourself is taking time off going to be worth it in the end, do you really need to go?
good luck

So you think that being on agency means you don’t get holidays and should never have time off :open_mouth:

Either you’ve not done agency work or you’ve let the agency take you for a mug, if you’re employed by an agency you have holiday rights and holiday pay just like a directly employed driver.

44 Tonne Ton:
Take it as a compliment young Samuel…sounds like they don’t want to lose you…

Sounds more like they can’t be arsed to train somebody else up, but they will if needed. Take it for what it actually is Sam; a threat.

You can’t have your cake and eat it.

You get a better rate than the employed dudes and there’s a reason for that; it’s not because you’re awesome and irreplaceable, it’s because you’re agency and you swapped most of your rights for an extra couple of quid an hour.

Which one do you need more; the holiday or the job?

Life’s a ■■■■■ ain’t it?

How the hell can it be unfair dismissal? Your on the agency and they can drop you with less than an hours notice. Youre entitled to holidays and can take them whenever you want, what would they do if one of thier drivers was off? Would they not get another agency driver in then, plus once youve done the induction/assessment does that mot cover you for 6/12 months?

■■■■ em, take the holidays and see what happens afterwards.

Lee G:
How the hell can it be unfair dismissal? Your on the agency and they can drop you with less than an hours notice. Youre entitled to holidays and can take them whenever you want, what would they do if one of thier drivers was off? Would they not get another agency driver in then, plus once youve done the induction/assessment does that mot cover you for 6/12 months?

[zb] em, take the holidays and see what happens afterwards.

Calling their bluff could end either way.

But equally you now have some experience to take to another agency or local company.

Full time jobs are starting to emerge now. I know the job boards are still littered with agency stuff but there is definitely a sign of other stuff coming through.

Thanks for some of your comments guys and yes I appreciate I’m lucky to have what I do. But they’ve been taking money off my wages every week for ‘holiday’ pay so yes, I am entitled to take holidays.

I’m visiting sick family in England and the job does mean a lot to me so i’m left with a dilemma now…

Sam Millar:
But they’ve been taking money off my wages every week for ‘holiday’ pay so yes, I am entitled to take holidays.

i had to read that 3 times to make sure i hadnt misread it.

they take money off you every week for holiday pay? i suggest you have a good look at yourself and what you have let yourself in for.

how much of a cut do they take for finding you work, 50%?

i have a feeling your arse is sore because they seem to be lubing you up on a regular basis. tell the parasites to do one before they shaft you anymore.

i know you’re desperate for work, as we all are when there isn’t any going, but really? do you need to put with all their ■■■■ and ripping off?

Lee G:

Sam Millar:
But they’ve been taking money off my wages every week for ‘holiday’ pay so yes, I am entitled to take holidays.

i had to read that 3 times to make sure i hadnt misread it.

they take money off you every week for holiday pay? i suggest you have a good look at yourself and what you have let yourself in for.

how much of a cut do they take for finding you work, 50%?

i have a feeling your arse is sore because they seem to be lubing you up on a regular basis. tell the parasites to do one before they shaft you anymore.

i know you’re desperate for work, as we all are when there isn’t any going, but really? do you need to put with all their [zb] and ripping off?

I’m not sure it’s quite as bad as you make it out to be - I thought most agencies take a sum off your wages every week so they can give you holiday pay should you need it.

They don’t take anything for ‘finding me work’. But off every wage, weekly, they take £27 off it for ‘retained holiday pay’.

businesslink.gov.uk/bdotg/ac … =RESOURCES

have a look at that,

I’m pretty sure they are not allowed to withhold pay and call it holiday pay (but i may be wrong, someone with a lot more knowledge on this may know), you are entitled to holiday pay, even as an agency worker. (i get half a day for every week i work (and that is if i work one day or all week, i still get half a day))

it does depend how they work your holiday pay out, my agency works out the average week for the past 12 weeks and pays me that wage for a week. i would have a serious chat with your agency if i was you. i would also seek advice from your local citizens advice about the withholding of pay to cover your holidays.

I certainly never had retained holiday pay on agency.

If I took time off it was unpaid and I found myself almost grovelling to get more work upon my return.

I assume you signed some terms and conditions of employment with the agency. Read through your copy and see how it is referenced.

I know that the AWD has come in since I signed my last lot of agency T&Cs but am pretty sure they saw you coming.

fml :laughing: :laughing:

i was going to say have a look at your terms and conditions and see what they say, if it says about the deductions then your ■■■■■■, but if it doesn’t, then they are ■■■■■■

It doesn’t bother me so much they take retained holiday pay as I get it back when I leave but what’s annoying me is they’re basically saying if I take three days that will be it… Not quite in those words but i’m pretty sure that’s what he meant.

Will talk to the real gaffer tomorrow who started there punting bins…brand new he is.

I’ve always found talking to the client before the agency is a better way of sorting things out. a lot of agency bods just sit at their desk and bark down the phone at drivers.

had one do it on Thursday to me, a new kid trying to be assertive, told him to stop talking to me like ■■■■■ or i will pull his head off, as he didn’t know me from Adam (I’ve never met the bloke) he wont see it coming either. he soon backed down and apologized.