Backdated Pay Increase

[theoldinn]

Hi,
Can anybody tell me if agency workers at the Royal Mail will have their pay increase backdated to 1st April 2013 under the "agency workers regulations" law.

[IcanthelpthewayIam]

Hi,
Can anybody tell me if agency workers at the Royal Mail will have their pay increase backdated to 1st April 2013 under the "agency workers regulations" law.

No only Royal Mail employees will get back dated pay rise, agency workers regulations do not have a provision currently in the UK for equal pay

[theoldinn]

zk135,
As an agency worker (Pertemps) at the Royal Mail we do get paid the same as Royal Mail employees, and we will get the pay increase when it is awarded in April 2014. I just cant find any legal answer with regards to the backdated increase you will get. As under AWR law we ARE entitled to the same Pay and conditions as other employees.

[TrueBlueTerrier]

zk135,
As an agency worker (Pertemps) at the Royal Mail we do get paid the same as Royal Mail employees, and we will get the pay increase when it is awarded in April 2014. I just cant find any legal answer with regards to the backdated increase you will get. As under AWR law we ARE entitled to the same Pay and conditions as other employees.

Then you have answered your own question.

They would be breaking the AWR regulations as you wouldn't be getting the same pay. However if you are a member of the Union then contact branch and HQ to get confirmation. Indeed you might need them to help if Royal Mail are a little slow in applying it.

[IcanthelpthewayIam]

Can you show me a link which shows that agency workers are entitled to the same rate of pay because looking at government website on AWR it doesn't mention equal pay rights

[fishtank]

Obviously equal treatment with regards to pay only applies to agency workers after they have completed 12 weeks with the same hirer.

[IcanthelpthewayIam]

Obviously equal treatment with regards to pay only applies to agency workers after they have completed 12 weeks with the same hirer.

They still do not have a right to equal pay after 12 weeks as an agency worker

[TrueBlueTerrier]

Can you show me a link which shows that agency workers are entitled to the same rate of pay because looking at government website on AWR it doesn't mention equal pay rights

https://www.gov.uk/agency-workers-your- ... ncy-worker" onclick="window.open(this.href);return false;

After 12 weeks in the same job with the same hirer
If you qualify, you’re entitled to the same basic terms and conditions as if you had been recruited directly, including:

basic pay, including holiday pay, overtime and bonuses linked to your performance

[fishtank]

This is from the advice the union sent out to reps.

Establishing equal treatment on pay, holidays and working time

After the 12 week qualifying period, agency workers have the right to the same pay; holiday and working time entitlements as if they had been recruited directly by the hirer to do the same job. Agency workers only have the right to equal treatment on pay and conditions ordinarily contained in the contracts of the hirers’ employees or workers.

Pay includes hourly or weekly pay; salaries; piece rates; holiday pay; overtime pay; shift, unsocial hours and risk rates; and bonuses, and performance related pay connected to the individual’s work
But it does not include equal treatment on pensions; sick pay; maternity, paternity or adoption pay; bonuses linked to company performance or which reward loyalty or length of service; redundancy pay or expenses.

[IcanthelpthewayIam]

ok i was mis reading something but what i think what i was misreading will still apply knowing pertemps:

https://www.gov.uk/agency-workers-your-rights/pay" onclick="window.open(this.href);return false;

6. Pay
If you’re a temporary worker, you’re entitled to at least the National Minimum Wage for all hours worked, whether or not you sent in a timesheet.

Your recruitment agency can delay paying you while they investigate whether you worked the hours in question, but only for a reasonable period.

Your agency must pay you for work you’ve done, even if they haven’t been paid by the company hiring you.

The standard of your work
If a company is unhappy with your work, this is a contractual matter between the agency and the company. The agency still has to pay you for all the hours that you’ve worked.

Pay between assignments
Your agency may offer you a permanent contract of employment where you’re entitled to pay between jobs, or assignments. This makes you an employee of the agency.

You can’t be forced to sign a permanent contract of employment.

If you become an employee of the agency, you won’t be entitled to equal pay after 12 weeks in the same job. However, all other entitlements still apply as for other agency workers.

The contract must state:

that you’re giving up the right to equal pay
minimum pay rates and how they are calculated
where you are willing to work (so if you live in London the agency could not offer you work in Glasgow unless you agreed)
the minimum and maximum expected hours of work (at least 1 hour a week)
the type of work
How much you’ll be paid between jobs

You must be paid at least:

50% of your pay from your previous job, calculated at the highest rate of pay received during any 1 week
the National Minimum Wage
The agency can’t ask you to come into their offices for an hour to avoid paying you between jobs - you must be genuinely working for a hirer. If the agency is refusing to pay you could make a claim to an Employment Tribunal.

The pay between assignments does not apply if you have two short jobs in the same week.

Example
If you work on Monday and do not work again until Friday, you wouldn’t receive pay between assignments. You’ll only be paid during the weeks where you have no work at all.

Ending a ‘pay between assignments’ contract

If the agency wants to end the contract:

they must give you 4 weeks’ pay between assignments
you might be entitled to certain rights, including notice pay and redundancy pay
The contract can end earlier for other reasons, eg if you resign.

[IcanthelpthewayIam]

Then you have answered your own question.

They would be breaking the AWR regulations as you wouldn't be getting the same pay. However if you are a member of the Union then contact branch and HQ to get confirmation. Indeed you might need them to help if Royal Mail are a little slow in applying it.

Also he gets paid by Pertemps not Royal Mail, they are his employer he is going to need to get in touch with them and not Royal Mail to get this if its applicable