Weird situation from agency

UK PROFESSIONAL DRIVERS FORUMS THE UK PROFESSIONAL DRIVERS FORUM (INTERACTIVE)
1

Hey guys, just after some advice. This is a bit long winded but here goes.

Working for an agency for a few months, I found a place I really enjoyed working for and applied for a full time position and got the job. I handed in a weeks notice to the agency and rang up the following day to see if that was the correct amount of time and if they were happy to let me go.

Phone call went well, said I could use them as a reference and if I was stuck in the future for whatever reason they would give me my old job back, very polite and friendly. He asked out of interest who it was (I stupidly told him as he was friendly and it felt like chit chat). He said well done, they are a good bunch of lads to work for, ect and I thanked them for their services and that was it.

Anyway after that they went quiet for a couple of weeks and I’ve been happily working away at new job until boss man called me into his office. Apparently they have acussed new workplace of poaching, which is rubbish as I approached the company for a job and we both thought he was just trying it on.

It has now got messy and its going to be taken to court. I have been called to the bosses office every other morning to discuss whats going on. Apparently this agency has been screaming down the phone at my boss to try to screw them over and they have also rung me in such a horrible manner.

Now the worst has happened and the company has sacked me over this as apparently this is the only way out for them. My boss has been very supportive but he didnt know what else to do.

This agency has pretty much screwed my life up and have been quite ill due to the level of stress Ive been put through, but thats life i guess.

Does anyone know what to do in this situation? Thanks for reading, I dont know where else to get advice from.

2

Was this a permanent job you applied at for a firm you were working at for the agency? If so then you’re scuppered because the agency will have a term in their contract with the company saying that if the company takes on an agency driver within so many months of the last placement there that there will be a recruitment fee which is typically around 12 week’s wages.

If this was a company that you had never worked for via that agency then you need to find a good lawyer and sue the agency.

3

The agency almost certainly have some clause in their contract with the client stating that if one of their supplied drivers starts working directly for the firm within x months then there is a placement fee to be paid.

4

As has been said if you work for the company the agency sent you to I’m afraid you’re screwed.

Never tell an agency bod where you’re going to work, especially if you’ve worked there for the agency.

Sent from my mobile.

5

Conor:
If this was a company that you had never worked for via that agency then you need to find a good lawyer and sue the agency.

Cheddars:
Working for an agency for a few months, I found a place I really enjoyed working for and applied for a full time position and got the job.

I think this implies he was assigned to work (presumably temporarily) for that particular company by his agency. Unless you were on a 12 week “temp to perm” and then signe with them before the 12 weeks was up, I don’t see how they can claim poaching?

Either way, it ■■■■■. Also, 12 weeks worth of wages as a recruitment fee for the agency? Phew, that’s a lotta cash right there.

6

Conor:
Was this a permanent job you applied at for a firm you were working at for the agency? If so then you’re scuppered because the agency will have a term in their contract with the company saying that if the company takes on an agency driver within so many months of the last placement there that there will be a recruitment fee which is typically around 12 week’s wages.

If this was a company that you had never worked for via that agency then you need to find a good lawyer and sue the agency.

I had to work via agency at the company for another 12 weeks as “Temp to Perm” before I could fulfil the contractual obligations for both sides of the argument.

I got a lot of 4-day weeks during this period, whislt still “paid by the hour” on agency, - which prompty dried up on my ascension to full time, and a “salary” - but spread now over 5 day working.

“Swings and Roundabouts”.

The hourly rates worked out about the same btw, so the only advantage I had from going full time - was “getting past january” when agencies are typically deathly quiet for work.

I’m wondering if Post-Brexit - there will be a lot more agency work, and a lot less “full time” contracts about - once again, “assuming similar money between the two”…? :bulb:

7

tachograph:
As has been said if you work for the company the agency sent you to I’m afraid you’re screwed.

Never tell an agency bod where you’re going to work, especially if you’ve worked there for the agency.

Sent from my mobile.

It won’t take them long to find out - agency staff do actually chit-chat among the client phone answerers btw… :unamused:

8

Winseer:

tachograph:
As has been said if you work for the company the agency sent you to I’m afraid you’re screwed.

Never tell an agency bod where you’re going to work, especially if you’ve worked there for the agency.

Sent from my mobile.

It won’t take them long to find out - agency staff do actually chit-chat among the client phone answerers btw… :unamused:

Yes but most agency clients would be aware to keep quiet about taking on drivers who were sent to them by an agency.

Sent from my mobile.

9

A haulier I know well took on a driver that had been working for them via an agency, sure enough a bill for a large amount of money appeared at said hauliers for the introduction fee, went to court and my subbie lost and had to cough up a few grand.

Now if they want to take someone on, I ‘employ’ them for a few weeks, invoice my subbie , they pay me, I pay the driver, all happens the same day with BACS.

10

I had similar years ago but i5 back fired on the agency as I had worked for the company for 2 other agencies in the past over several years.

Don’t you just love putting ur finger up to the agency tryptophan screw you over.
Another reason I kept diaries

11

On the plus side, you can just phone another agency and be back at work tomorrow? Leave them to fight it out

12

ETS:
Either way, it ■■■■■. Also, 12 weeks worth of wages as a recruitment fee for the agency? Phew, that’s a lotta cash right there.

I found isn’t a hard and fast rule even if it is in the contract. I was working for Securicor agency in Hull at an agency client doing a job that was spot on for me and was there several months when a job came up which I applied for and they said no problem as long as they wouldn’t have a fee to pay. I talked to the people at the agency telling them how much I wanted it and said they were worried about the fee. The agency were fine about it and sent them a letter saying there would be no recruitment fee or any other requirements such as doing so many weeks via agency.

13

ETS:
Phew, that’s a lotta cash right there.

6 months in some cases.

14

tachograph:

Winseer:

tachograph:
As has been said if you work for the company the agency sent you to I’m afraid you’re screwed.

Never tell an agency bod where you’re going to work, especially if you’ve worked there for the agency.

Sent from my mobile.

It won’t take them long to find out - agency staff do actually chit-chat among the client phone answerers btw… :unamused:

Yes but most agency clients would be aware to keep quiet about taking on drivers who were sent to them by an agency.

Sent from my mobile.

Is that the way agencies operate oop narth by any chance?

I’ve never known it to be that way darn sarth - put it that way.

There’s been some red faces in the past, where I’ve been phoned by one agency, turned down a shift (their rate is say, £10ph) and then I get another call from another agency I’m registered with to do exactly the same shift I’ve just turned down - but for £12ph - for which I’ve gone “Oh alright then… I was busy tonight, but just remember I’ve done you a favour here!” :stuck_out_tongue: :sunglasses: :grimacing:

Client staff have always spoken to me, when I see them… Why? - They often have extra little jobs for agency bod to do, which I’m not loathe to do - 'cos I’m paid by the hour… The trick with agency work is to “always allow 15 hours for your shifts” - then you’ll never be getting shirty when they actually want you for that many hours. If I don’t feel like doing a 15 hour shift, I’ll say so - but not admit to it beforehand. There’s no need to volunteer information that might be preudicial to getting further shifts at that office, after all… :stuck_out_tongue:

If you try and hide behind “no information” - then it doesn’t take a genius to work out that each day driver gets called and cries “Sorry boss, no can do today” - then they must be working somewhere else… Simply because when on an agency books, you’re supposed to tell them your preferred days of working…!

If you say you want monday-friday, and they call you monday dinnertime asking you to work 18:00 starts at say, ASDA the rest of the week - then if you say “Sorry no can do” - it bloody well means you’ve already been given a week’s work by another agency - right? (If you’d been offered just a shift for today at another agency, or had taken a lower-paid shift - you’d turn it over should better work come along and trump it - Right?)

As a matter of prinicipal though, I don’t let people “last minute” trump a shift I’ve already agreed to do for another - even at a higher rate.

Thus, If I were given a week’s work for £12ph on the friday of a previous week, and someone offers me £14ph working at a supermarket 2 hours before I’m due to set off for my first shift at the first job I’ve already taken - then NO - I’ll not let them do that. Besides, the £14 - would have to be their standard rate as well. I don’t respond well to “Our normal rate is crap, but if you drop your shift booked, and pick up our one - we’ll pay you a good rate for today”.

Sorry bud, if you can pay a good rate only when it suits you - then I made a mistake even going on your bookss.

I made about 9 such mistakes in 2011-2012, when I last whored myself out to the agencies… I ended up working regular for one, and occasionally for another two. The remaining six - never offered me even a single shift.

I think next time around - I’ll just stick with two agencies - at least to get me through January. Perhaps January 2019 won’t be as bad as priod januaries though, in which case I’ll lf course just do the one single agency. Come March 2019, if Brexit is done on time (possible, but not likely I fear) then things could really start getting interesting on agency, when a increasing number of “about to be newcomer” drivers - suddenly dries up!

I’m not talking about EE drivers who’ve already been here for a while - I’m talking about those who were about to come here, but are now blocked by a completed Brexit. In any case, the agencies could do without such people, as I’ve noticed already that the Johnny ■■■-latelys - seem to have a far lower standard of English than their already-integrated forebears, who won’t be going anywhere after Brexit - and I’ve got nowt against of course. :slight_smile:

I’ve yet to see a Lady EE driver however. Plenty of warehouse staff, office staff, etc. - but no HGV EE ladies. :frowning:

15

Given the number of agency bods here I’m gobsmacked that nobody seems to know the rules :question:

gov.uk/employment-agencies- … nsfer-fees