Hi, I work at a company order picking through an agency, I've been there 14 weeks and after 12 weeks my pay went up to what everyone else is on who works there.

The people employed by the company and not the agency are getting time and a half or double time for working today (bank holiday monday 25th Aug 2014), I rang the agency on Friday just gone and asked them would I be getting any extra pay for working it and they said no, you will just be getting your normal rate. I said fair enough and hung up. Surely when getting equal pay/treatment after the 12 weeks, I should be entitled to the same pay (double or time and a half) like the actual employees are getting? We all do the same job, order picking.

Thanks.

No your an agency worker, this is discretionary to them and dependent on your contract as your classed as a temp worker.

Check with the company you are working at if they are paying the agency this extra. Also if you don't already have one, get a copy of your contract with the agency and see what that says.

I will try and find out later if they are paying the agency any extra for today. I've just read over the contract and it doesn't say anything about bank holiday pay.

Keep in mind that there is no statutory right to extra pay on a bank holiday or even to the day off. But if the agency are being paid extra for you working on a public holiday and not passing that on, I think I might be kicking up a stink about it.

Hi, I work at a company order picking through an agency, I've been there 14 weeks and after 12 weeks my pay went up to what everyone else is on who works there.

 

The people employed by the company and not the agency are getting time and a half or double time for working today (bank holiday monday 25th Aug 2014), I rang the agency on Friday just gone and asked them would I be getting any extra pay for working it and they said no, you will just be getting your normal rate. I said fair enough and hung up. Surely when getting equal pay/treatment after the 12 weeks, I should be entitled to the same pay (double or time and a half) like the actual employees are getting? We all do the same job, order picking.

 

Thanks.

Assuming the staff are provided by an external agency who supplies workers to a number of other companies, the Agency Worker Regulations apply. As you have completed the 12 week qualifying period you are entitled to equal pay (in my opinion) - This includes any overtime rates *

ACAS have an informative guide and a link to quite a detailed document issued by the BiS. Page 33 has a table of payments that are included (overtime, holiday, etc) and what is excluded (pension contributions, redundancy). In short, if the regular employees are entitled to enhanced rates for bank holidays without any qualifiers applied (e.g.. worked there for more than a year) then you should also receive the same enhanced rate.

*0 There is one small gotcha - If the enhanced rates have been individually negotiated and some staff do not get the extra whilst others receive different rates, you may well not be entitled to the extra pay.

....

All of the staff at the company doing my job, having been there for 1 day or 2 years will be recieving either time and a half or double pay today, I will find out which when I go in later, how would I go about making sure I get paid equal? after all, the agency have said I will only be paid normal rate. There are a few of us agency staff in the same boat and believe it is very unfair considering everyone there does the same job.

Thanks.

Edit - I forgot to add, this agency's overtime only starts at 45 hours or more which is then paid at time and a half, so if I do 45 hours I'll still only get my standard rate, if I do 48 hours I'll get 5 hours at standard rate and 3 hours at time and a half, my standard working week is 40 hours, so is everyone elses who is employed at that company and for any hours they do over 40 hours, they get double time. Are they breaking any laws here?

no, your contract tells you what you are paid and what you get as overtime. Some agency work pays less than the permanent staff rate with worse terms of service but that is what is agreed when you say yes to that job. Look at what you want in the long term, do you fancy working for this company or would you like to take up higher paid work if available at the drop of a hat. The agency can sort these for you assuming they know what you want.

A couple of questions for the OP:

1. Have you had any assignments elsewhere through this agency ?
   
2. Have you received any pay from the agency between assignments ?
   

If you can not answer either/both questions, what does your contract with the agency say about pay between assignments ?

I have to agree with Mr. P. The guidance he helpfully posted states that 'Having completed the 12 week qualifying period, the agency worker is entitled to the same basic terms and conditions that he or she would have received if recruited directly. This includes terms and conditions relating to key elements of pay.' It goes on to say that pay includes things like 'overtime payments' and 'shift/unsocial hours allowances'. For this reason I think you have to be paid any bonus paid to employees on bank holidays.

This will actually override anything stated in the employment contract, as it is a legal entitlement. You cannot agree to exclude the agency workers regulations. However note that you might be excluded entirely from the regulations if you actually have a permanent employment contract with the agency which provides for pay between assignments.

I think it would be reasonable to contact the agency politely but firmly explaining this and requesting your right. However remember the practical reality of the situation is that if you are seen as a troublemaker the agency may let you go.