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Agency Workers Directive Factsheet CWU

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POSTMAN
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Agency Workers Directive Factsheet CWU

Post by POSTMAN »

AGENCY WORKERS RIGHTS

The Agency Workers Directive (AWD) was implemented on 1 October
2011. The purpose of the Directive is to provide temporary agency
workers with equal treatment in terms of basic working and employment
conditions, as if they had been employed directly to do the same job.
The Directive does not affect the employment status of temporary
workers.

The Directive will not cover occupational schemes, including sick pay,
pensions or financial participation schemes.

The new regulations give agency workers certain new employment rights.
When on an assignment you get some of these rights from day one and
some after 12 weeks in the same job.

Who is an agency worker?

The rights apply to individuals who work as temporary agency workers -
often referred to as temps.


What the regulations mean for me

You will have access from day one to facilities and information about job
vacancies where you are working temporarily.

After 12 weeks in the same job with the same hirer you are entitled to
equal treatment in relation to elements of:

• pay
• holidays
• night work
• rest periods/breaks
• duration of working time


After completing the 12 week qualifying period, pregnant agency
workers are allowed paid time off for antenatal appointments during an
assignment.

Are you covered by the new rights?

You are covered by the new rights if you have a contract with a temporary work agency.


The hirer can be in the public or private sector, a charity or social enterprise.
You are not prevented from being covered by these rights simply because you
have a contract with a company and then find work through an agency.

While working for the hirer you are under their supervision and direction.
The hirer will tell you what job you are doing, how to do it and provide any
necessary training to do the job.

You are likely to be covered by the new rights if:

• you often work on a variety of different assignments with different
hirers – but can be on one long assignment
• your time sheets are sent to the agency to process
• you are paid by the agency based on time sheets
• your sick leave is paid by the agency if you are eligible
• the agency pays you when you are on annual leave


You are unlikely to be covered by the new rights if:

• your agency finds you a permanent job and you are employed and
paid by your new employer
• you find work through an agency but have your own business and
the hirer is your client or customer
• you are offered a permanent contract of employment which includes
pay between assignments i.e. during the periods when you are not
working when there are no available suitable arrangements. This
means that after 12 weeks in a given job, you will not be entitled to
the same pay as if you had been recruited directly like a permanent
worker.


You are also unlikely to be covered if you work for any agency:

• that provides a specific service to a client
• where someone from the agency supervises and directs you on a day to day basis

• that provides any necessary training and determines how and when you work

Just having someone from the agency on site who helps with queries would
not exclude you from the new rights. You cannot opt out of these rights if
you are covered by them.

Source: directgov website - September 2012

Linda Roy National Equality Officer Billy Hayes, General Secretary

lroy@cwu.org http://www.billyhayes.co.uk" onclick="window.open(this.href);return false;
Agency rights.pdf
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Norfolk 'N' Chance
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Re: Agency Workers Directive Factsheet CWU

Post by Norfolk 'N' Chance »

Please bear with me on this and I agree that it sounds bizarre, but then fact is often stranger than fiction!

Part of the deal of casual/agency work is that your hired and let go at the drop of a hat. Ok thats fair enough. But what happens when theres a difference of perspective between your hirer and the client?

If the agency informs you that "sorry we are letting you go" and Directly instructs you" not to carry out any more RM shifts" , but you have already verbally agreed with the Line Manager/DOM to do them, and being a committed person you duly turn up and perform your duties as agreed locally. Are the agency within their rights to say sorry but we are not going to pay you for those shifts as you volunteered for them and they were not arranged/authorized by us?

I know its a weird question but then again with the instruction to get rid of all agency staff after xmas, some strange situations have evolved.
N|M
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Re: Agency Workers Directive Factsheet CWU

Post by N|M »

Norfolk 'N' Chance wrote:
11 Jan 2022, 21:51
Please bear with me on this and I agree that it sounds bizarre, but then fact is often stranger than fiction!

Part of the deal of casual/agency work is that your hired and let go at the drop of a hat. Ok thats fair enough. But what happens when theres a difference of perspective between your hirer and the client?

If the agency informs you that "sorry we are letting you go" and Directly instructs you" not to carry out any more RM shifts" , but you have already verbally agreed with the Line Manager/DOM to do them, and being a committed person you duly turn up and perform your duties as agreed locally. Are the agency within their rights to say sorry but we are not going to pay you for those shifts as you volunteered for them and they were not arranged/authorized by us?

I know its a weird question but then again with the instruction to get rid of all agency staff after xmas, some strange situations have evolved.

When i was with Angard we could not just turn up for a shift it had to go through joined-up, other wise you were told to go home, rare cases they would ask you to add your name to the booking list but if your name was not allocated come when the sheets were processed there was a good chance you didnt get paid.
Norfolk 'N' Chance
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Re: Agency Workers Directive Factsheet CWU

Post by Norfolk 'N' Chance »

N|M wrote:
11 Jan 2022, 22:07
Norfolk 'N' Chance wrote:
11 Jan 2022, 21:51
Please bear with me on this and I agree that it sounds bizarre, but then fact is often stranger than fiction!

Part of the deal of casual/agency work is that your hired and let go at the drop of a hat. Ok thats fair enough. But what happens when theres a difference of perspective between your hirer and the client?

If the agency informs you that "sorry we are letting you go" and Directly instructs you" not to carry out any more RM shifts" , but you have already verbally agreed with the Line Manager/DOM to do them, and being a committed person you duly turn up and perform your duties as agreed locally. Are the agency within their rights to say sorry but we are not going to pay you for those shifts as you volunteered for them and they were not arranged/authorized by us?

I know its a weird question but then again with the instruction to get rid of all agency staff after xmas, some strange situations have evolved.

When i was with Angard we could not just turn up for a shift it had to go through joined-up, other wise you were told to go home, rare cases they would ask you to add your name to the booking list but if your name was not allocated come when the sheets were processed there was a good chance you didnt get paid.
N M many thanks, and the situation you describe above is a bit different. I can understand that if you hadnt been asked to come in then they wouldnt be expecting you and as you say would send you home.

I probably wasnt clear in my description..... Imagine the agency worker agrees with an RM manager at the place of work that they are able to works X, Y and Z days and then the worker turns up and does these shifts/duties. However as it was a local agreement and not officially booked via the agencies own app, neither can the hours worked be recorded in the app, thus the agency cant process payment. Furthermore they can potentially say that you volunteered for these shifts and deny you payment, as they explicitly instructed you not to do anymore work full stop.
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Sundodger
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Re: Agency Workers Directive Factsheet CWU

Post by Sundodger »

I had a similar situation when I was with Pertemps, RM management asked me to do shifts, but I had no shifts booked on Joinedup and the temporary Christmas contract had ended.

I telephoned Pertemps, who then checked with and cleared it with the DO manager, and then they added the shifts for me.

If you do not get shifts added to JoinedUp you most likely be working for free.

On plus side for me, was that because I had spoken with both, I got extra shifts when others were let go at end of the temporary period, with a system in place of the RM managers asked if I could work, I spoke to Pertemps, they added the shifts and I got paid.

Being flexible on hours/days I could work, I ended up being sent to other DO's, in temporary need of help, which led to myself being offered a permanent job with RM at one of those.
Everything will be OK in the end, If it's not OK, then its not the end.
NW11851
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Re: Agency Workers Directive Factsheet CWU

Post by NW11851 »

Manpower tell me they can operate in a similar way
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