8 week rule

[Garshin]

I've been kept on as a casual but told that my last day would be Sat.28/1/12, exactly 8 weeks' work. Line managers wanted to keep me on but the high-ups say I've got to go. Been told though to expect to return Mon.6/2/12. So is there an "8 week rule" somewhere that I don't know about?

[Verging]

Do not think there is an 8 week rule. There is a 12 week rule for additional rights under Agency Worker Regulations - maybe they are using an 8 week rule to try and avoid getting close to 12 weeks but you would need to be laid off for more than 6 weeks to revert back to 0 counting weeks for the AWR rules. They would then be in danger of AWR avoidance which can result in hefty fines (compared to our pay) per incident per person. On the other hand, they still have not informed us of our rights with respect to AWR and some people will now be in their 18th week since 1st October 2011.

[navmanhus]

Well i think its a 2 week layoff because it happened to a bunch of workers and they will return on monday, the same will also happen to us in a few weeks and well get 8 days paid holiday, thats what we have been told and already happened to earlier starters.

[fishtank]

It is complicated but my take on it is....It will not stop the 12 week qualifying period if you return to the same role with the same hirer within a 6 week period.


http://www.legislation.gov.uk/uksi/2010 ... ion/7/made" onclick="window.open(this.href);return false;

[MinisterofCucumber]

It is complicated but my take on it is....It will not stop the 12 week qualifying period if you return to the same role with the same hirer within a 6 week period.

"To complete the qualifying period the agency worker must work in the same role with the same hirer for 12 continuous calendar weeks, during one or more assignments."

http://www.legislation.gov.uk/uksi/2010 ... ion/7/made" onclick="window.open(this.href);return false;

This is not complicated. You don't qualify unless you have done the same role for 12 continuous calendar weeks.

Does the CWU condone the use of casuals for cheap labour because it helps their senior members avoid doing their fair share of work?

Why should the young slave for the old?

[fishtank]

This is not complicated. You don't qualify unless you have done the same role for 12 continuous calendar weeks.

That is not a blanket position,there are many exceptions to the 12 week continuous rule.


Does the 12-week qualifying period have to be continuous?
http://www.acas.org.uk/index.aspx?articleid=1873" onclick="window.open(this.href);return false;

No, most breaks between or during an assignment to the same job that are less than six weeks in length will simply pause the accrual of the 12-week qualifying period. Most breaks between or during an assignment to the same job that are six weeks or more will reset the 12-week qualifying period.

The accrual of 12 weeks qualifying period can be paused by:

absences for sickness and jury service (for up to 28 weeks)
annual leave, shut downs (e.g. factory closures and school holidays) and industrial action (for the duration of the absence).
Pregnancy and maternity-related absences, maternity leave, paternity leave and adoption leave will not pause the 12-week accrual at all - instead the12-week accrual period will continue throughout the duration of the absence and include these weeks as those counting towards the 12-week total.

[MinisterofCucumber]

But if they put you on a different role, they can get round this.

[fishtank]

But if they put you on a different role, they can get round this.

There are many ways to circumvent the AWR Minister.
It is a piece of Government legislation after all.

[Verging]

They will not be able to keep records of individual roles and pass them to Angard or even keep track themselves. I sometimes do 4 or 5 different roles in one shift and do any of the following at anytime: DSA Cut & Tip, sort and mech racking; Mailsort 2 & 3 Cut & Tip, sort and mech racking; Packets Cut & Tip and sort; Packet roads; hand stamping (packets or letters); PPI Cut & Tip; CFC Cut & Tip and Culling; meter letter racking; PPI letter racking; rejects from CFC; flat facing off CFC; outward primary flats and letters. Probably do other things as well as these if asked.

So what is my role? Is each one considered different or am I a general worker?

[MinisterofCucumber]

Do CWU members want to see their sons and daughters treated like this or is it more important for them to keep their overtime and require their off spring to beg money from them?