New Agency Worker rules

[denzilbee]

At 11.30 this christmas eve, the last day of the 12 week period when workers qualify for their new rights, I was informed that I would not be working at The company I have been working for for a year !

 

Prior to today I had been asked what my availability all over the holidays was, and there was no indication that I was not required until this evening when I got back from my delivery run. I usually am given my start time for the next day but was told by a "friend" that as a heads up he was letting me know that the reason I had not been allocated work for Monday was that as of this eve 24th I was not to be given work because of the AWR that had come into force today.

 

and so it starts, unscrupulous hirers, flouting the laws and stitching up agency workers.

 

What now? My ageny does not return to the office until wednesday, and now have 2 days of no work or pay. Had I been told I was not required my agency would have been able to get me work for the Monday and tuesday.

 

I am sure this is going to be a huge case that the unions will have to address.

[MARTIN3030]

Welcome to the site and Merry Christmas.

You raise some important issues,and someone with more exp than me on this should be along to give thoughts.

Obv things are a little hectic for many atm so please be patient.

[Sidewinder]

I agree with Martin - this poses an extremely difficult problem, and at this time of year I very much doubt that there is any help available to you. I do though seriously think that you need to challenge the company as to why you have not been provided with work and ask them directly whether this is connected with AWR.

 

Do you know whether work is actually available? Have there been periods in the past where you have not been required? How is the work likely to be carried out if not by you?

[denzilbee]

hello Sidewinder, I am surprised to get an answer at all, but as you can imagine I am livid and in shock.

 

Was told that I and the other driver working for the Manpower agency were not to be issued work because of an email that had been sent to the transport shift manager stating this was because of the AWR.

 

Work Available: There are two other agencies that supply drivers, and I was advised to join one of them, which makes me think that maybe a deal has been struck with these, an "opt out clause". Yes work is available.

 

There have been the odd day in less busy times when I was not required, but over the past year I have worked 5 and 6 day weeks often having to lessen my hours due to working time directives governing HGV drivers.

 

The work will be covered by the companies own drivers and the shortfall by the other agency drivers.

Edited December 25, 2011 by denzilbee

[ravesafe]

i have worked for manpower before and have posted on here about different experiences working for them. a terrible experience. chances are they new what was happening and didnt tell you.

 

did they help me out when one of their alchoholic clients sqaured up to me for no reason? .... nope

 

did they help me out when i had an accident at work? .... nope

 

did they even write me a reference for my new job? ..... nope!

 

i went beyond the call for them under the promise of a full time job. when i questioned them about it, they didnt remember a thing.

 

all of a sudden conversations about football and calling me "mate" went to ignoring my phone calls and work "drying up"

 

deal with them via email, keep everything in writing and never trust a word they say.

[london0012]

I am really sorry to hear this. This look like a typical example of a backfiring policy, good intentions but employers being very creative to find loopholes. You could contact ACAS Advisory, Conciliation and Arbitration Service.

 

In my case: I am working for Randstad. I worked more than 1 year non-stop for the same organization. My current assignment was actually set to several months into next year. However, Randstad took the assignment out of the timesheet system (I will only know tomorrow what happened!) and gave me a call in the last week of December, informing me that they contacted the organization to discuss my further assignment, very concretely referring to the new agency worker rules and that therefore, they have to make changes.

 

In short, Randstad (one of the serious agencies..?...) are pro-actively working to deliberately restructure assignments in order to circumvent the new rule. If the assignment-giving organization does not know about it, it is Randstad who informs them - in order to bypass the law and preventing their workers from their rights.

 

I have no idea, whether there is any place or organization helping with advise? I tried to search the web and went to a citizen bureau, but I cant say I found much. As far as it looks now, there is not much assistance yet for those affected.

Edited January 2, 2012 by london0012

[laffer25]

Hi, interesting to read your experiences. My other half is currently struggling with getting equal pay at the firm she is currently working for. She has been with the same company for around 7 months recruited by a high street temp agency. However she has been told that there is no job role that matches what she is currently doing (not true) and so conveniently no wage to match. Like you, I have been looking round trying to find some advice and assistance to help her but nothing out there. Seems to be more about companies selling services advising businesses how to circumnavigate the system. Right now she is going to send a letter to the agency and give them 30 days to come back with a response etc, from there I guess she could appeal to a employment tribunal, but temps are disposable and she would be at risk of losing the job. She found out some figures and it turns out the employment agency make around £380 more than her a month in commission and rates, I cant believe what a mess the employment market is at the moment, its a story that must be repeated all over the county.

[london0012]

Hi, interesting to hear from you and your partner's experience. Have you sent the letter and heard anything? May be good to look for job alternatives before starting legal action. I suppose in the meantime she should gather some evidence, which of her duties come with other roles in the actual organization and what their pay level is. Any job descriptions she can get hold of? I think it should then be decided by a judge, and not the emplyment agency, whether there is really not a comparable position or whether there in fact is... however, a Plan B I suppose would be crucial. About me: My assignment has been cut after 12 weeks to avoid the new agency worker legislation, there may be something on the horizon in terms of a contract from the organization where I 'actually' work for already 1.5 years! (NHS by the way...!) - this is the only reason why I am accepting situation as is for current time being, being ridiculously underpaid, speaking several bands.