Agency Worker Rights

[nonymouse]

Hi there, any advice on the issue below would be most welcome.

 

I have worked, through an employment agency, at the same company since August 2011. I started on £10 an hour, and then just before Xmas, my manager at the company told me they were offering me a small pay rise to £10.50 an hour as they were so pleased with my work. This was great news - every little helps and it was nice to be appreciated.

 

At this point, I also reached the 12 week rule for agency workers, and since then have enjoyed all the privildges of a regular employee, including the subsidised gym and flexihours. However, my agency only allows me 28 days paid leave, including bank holidays, whereas an eqivalent permanent employee at my company gets 25 plus all bank holidays. From 1st January 2012, there was an additional line on my payslip for 'additional holiday pay' which was supposed to compensate for this, and although not ideal, I tolerated this.

 

However since 1 April, there has been no 'additional holiday pay' on my payslips from the Agency. I questioned this, assuming it was an accounting error, and was told 'you get paid more than an equivalent employee would get so you're not entitled to any extra holiday pay'. This seemed unfair - why should I get less holiday just because I'm paid a little bit more that other admin assistants, especially as the pay rise was awarded due to my high standard of work.

 

I rang ACAS, who were excellent and told me I should get the same paid leave entitlement as an equivalent permanent employee whatever my pay rate, and that I was therefore not being treated the same as an equivalent worker. However when I approached the Agency with this viewpoint they were adamant I wasn't being treated unequally.

 

Any ideas where to go next? Thanks!

[lbruk]

an official grievance, write out your complaint and present to your employer.

[nonymouse]

Thanks lbruk. I thought that might be the case. Am concerned that the Agency may think I am a trouble maker and try to get rid of me, but I think (I hope!) the company I work for would support me and try to keep me on. Fingers crossed...