Agency Workers 12 week qualifying period

[lilypad17]

Hello there.... advice sought please. I have been working for an agency for 14 weeks now on minimum wage, I am aware that after 12 weeks in the same job you should be entitled to the same wage as permanent staff in a comparable position.

 

So, I emailed my agency contact and this was the reply:

 

"I was passed an email from you with regards to parity rates when you have worked your 12th week.

 

Your friend is right to some degree, if a client has a person who works the same job on a fulltime contract with the same job specification then you would be entitled to earn the same wage as the fulltime member of staff.

However with (name removed) this is not the case as we do not have a comparator so as a result there is nobody to match your wage against so you would stay at the same rate of pay I’m afraid."

 

Fair enough you might say but I'm doing the exact same job as the guy who gets paid a lot more than me to do it!!!

 

What I'm asking then is, is there anything I can do about it? My fear is that they will suddenly find I am no longer suitable for the job if I make a fuss about it.

 

I am looking for permanent work but in the meantime I don't want to find myself on the dole for being a "troublemaker", and to be honest I rather like this job. It would just be nice to get a living wage from it.

 

Thanks in advance and apologies if I have posted in the wrong place xx

[Emmzzi]

"Isn't "x" a comparator?" - if you are sure person X only does the same work as you and nothing else.

 

I am afraid I can't answer the risk/ reward question here - it's one for you to decide!

[becky2585]

Can you make some on the quiet enquiries with the comparator direct to see if their job role is indeed the same?

 

If they are, then you could have a Tribunal claim - but you'd need to be sure before rocking the boat!

[lilypad17]

Thanks for the replies, the job is in a factory and you get sent to do various roles wherever you are needed under the job title "Production Operative/Packer". The guy I work with does mainly the same job as me but he also does other things that I haven't done, the flip side of that is that I have done some things that he has never done in all the time that he's been there!!! I suppose the fact that the agency staff are moved to where they are needed most within the factory, whereas permanent staff tend to stay in the same section, means that there is no comparator??? Oh well, at least it will look good on my CV if nothing else!!! I can now use a CNC Tapping Machine as well as stick stickers on boxes.... :/

[izzitme101]

does yourplace have gradesto go along with the titles,as in grade 1= packer, grade 2 forktruck driver ect?

[lilypad17]

I don't think so izzitime101.... they just have 4 rates of pay for the shop floor workers, the highest being those that are qualified in using certain machinery and the lowest being generally unskilled operatives who do a bit of whatever is needed. My fellow agency workers seem to be stuck on packing which is where I started but I got moved to another section where I am doing semi-skilled work. The permanent staff that I work closest with in the section are on the the second lowest pay rate which is still considerably more than minimum wage!!!!

[izzitme101]

are you unionised at all?

if so it would be worth joining.

we have a similiar thing where i am,except we have grades, which is very helpful to us.

if no union, i would reccomend speaking to an employment lawyer.

are any other agency staff in the same position as you within the company,as in doing a higher paid job than you get paid for?

if so, have a chat with them, and talk about sharing the cost of speaking to a lawyer.

In the meantime,write down on each payslip which days and hours you have done as overtime, if you get any