employment rights and agency staff

[User]

 

[fossyant]

The company agreed to the overtime, so I guess the agency billed them for it. I would complain that it can't be correct as the company agreed to pay it.

Worth seeing if you can find out from the company if they were billed for the overtime

 

[Angry Blonde]

Sod the agency off..... enrol in the other agency and tell them that your allready working at this place and they will send you there

 

[buggi]

phone the CAB.

 

[Archie_tect]

Check the contract you signed with the agency- all the terms will be set out in there, and next time you have to sign one check the terms.... or don't sign up with an agency at all if you can avoid it.

 

[marzjennings]

More than likely your agency did bill at time and a half, they're just not passing on the extra money to you. Check, if you can, with the company if they were billed extra for the overtime.

And regarding the contract restrictions, agencies do this crap all the time and generally I think it's hard to enforce. Under European charter you have a right to work for whoever you want whenever you want (see here). But you will not be able to switch agencies to do the same job you're doing today until the contract between the company and your agency is complete. Now if the company do not renew their contract with your agency and go with someone else to fill the roll you're doing today, you should be able to apply for that job under the new agency. But get some real advice from the CAB.

 

[PeteXXX]

One of the issues with agencies is that if you complain and grump about them, the phone stops ringing. They just freeze you out. No more shifts.
Agencies are generally quite detestable rip off merchants. Zero hours contracts. Wage cheats and liars about how much work they will offer you.
They hate it when you quote bits from the AWR's
https://en.m.wikipedia.org/wiki/Agency_Workers_Regulations_2010

 

[FeistySquirrel]

I used an agency as a gateway. I got shifts in a local factory, got into the two most desirable areas in there by luck, and within a few months I got my self a contract through the company there; and a tasty wage too.

Try find out if the company you are working at have any internal vacancies; and apply. Better pay, job security, treated like a human etc.

Doesn't always work out right, but it's worth shot.

 

[potsy]

The place I am at now were advertising through an agency, instead I applied direct and got taken on by the firm.
Does seem to be a large portion of the workforce that are agency and some have been there over 18 months and still haven't been taken on by the firm.

 

[ufkacbln]

I used an agency as a gateway. I got shifts in a local factory, got into the two most desirable areas in there by luck, and within a few months I got my self a contract through the company there; and a tasty wage too.

Try find out if the company you are working at have any internal vacancies; and apply. Better pay, job security, treated like a human etc.

Doesn't always work out right, but it's worth shot.

May not work as the Company signs a contract to say that they will not employ someone who has worked for the Agency in that Company, or they may as a default have a massive "recruitment fee" because the Agency brought the two of you together.

 

[FeistySquirrel]

May not work as the Company signs a contract to say that they will not employ someone who has worked for the Agency in that Company, or they may as a default have a massive "recruitment fee" because the Agency brought the two of you together.

Always worth investigating :-) .... Largely depends on the agency and how they work with the company.
Our Agency in the factory actively encourage their staff to try and get a job within the company. Probably so they can get a new agency worker via the job center and get paid stupid money!

To the OP, maybe contact the Companies HR and see about the internal vacancies first, and then go from there... They will be able to tell you about joining their company instead of agency for future reference even if there are no current vacancies.

 

[ufkacbln]

It can be worked around.....

I had a vacancy and I knew one of the agency staff offered would be applying, so spoke to the agency who agreed that as the intent to apply predated the agency post there would be no fee

 

[The Jogger]

I would contact the ACAS helpline for advice to save any conflicting advice before you make a move on this issue.

 

[cyberknight]

The Agency Workers Regulations basic concept is to give effect to the [[Temporary and Agency Workers Directive]] in UK law. They require employers to treat agency workers and permanent staff equally in their contract terms on,

*Hours and holiday time
*Pay, including sick pay
*Time off for parenting (for women only)
*Discrimination law (though this is unnecessary because agency workers are already explicitly covered by the [[Equality Act 2010]].<ref>[[EA 2010]] s 40</ref>)

Basically the company has to pay all its workers including agency workers the same so if your agency has not passed the pay on they are doing something illegal.the company i work for pays all agency the same rate as a new full time employee.

 

[cyberknight]

holidays are based on hours worked, so 1 or 1.5 days a month earned for 40 hours a week.....
there is no sick pay, I even have to use days earned to cover bank holidays or no pay..
I earn £6.31 per hour as agency lowest paid permanent staff is £7.50 per hour and they get a £25 a week on time bonus....
this is the same for the staff employed by the other agencies....

Then your being diddled, as others have said you could take them to an industrial tribunal .Are you in a union ? if not join one now !as they should be the 1st port of call with something like this