Agency Query

OldNotWIse

Working in a company for 6 years via an agency. Now been made permanent. They are telling me that my service is not carrying over and I am effectively starting at zero. Now it seems all staff are in line for a once off payment that requires at least two years service in order to qualify. It seems unfair that my service is disregarded for the purposes of this, any idea? I can't find any precedent. Thanks

SkyBlueClouds

OldNotWIse wrote: »

Working in a company for 6 years via an agency. Now been made permanent. They are telling me that my service is not carrying over and I am effectively starting at zero. Now it seems all staff are in line for a once off payment that requires at least two years service in order to qualify. It seems unfair that my service is disregarded for the purposes of this, any idea? I can't find any precedent. Thanks

If you were paid by the agency you were effectively employed by them, providing contract services to the company you had the actual 9-5 at. Unfortunately there is no recourse for this, they are perfectly within their rights to count you as a new employee once you transfer over onto their payroll. Your previous employment with the agency won't count towards length of service as its treated as a separate employment with a different company (technicality, I agree I not fair though).

Mrs OBumble

Would you have got the oneoff payment if you were still an agency worker?

OldNotWIse

SkyBlueClouds wrote: »

If you were paid by the agency you were effectively employed by them, providing contract services to the company you had the actual 9-5 at. Unfortunately there is no recourse for this, they are perfectly within their rights to count you as a new employee once you transfer over onto their payroll. Your previous employment with the agency won't count towards length of service as its treated as a separate employment with a different company (technicality, I agree I not fair though).

True enough, although they did take my years service into account when they were deciding what pay scale to place me on. Technically I should also have been put on pay scale 1, but they placed me on the scale according to my years servive, so the argument I plan to advance is essentially, you accepted and considered that the years with the agency were "service" for the purposes of calculating pay, therefore it seems unfair that you are disregarding them for the purposes of once off payments. I know that technically they are right but I feel if a third party looks at the situation they may think the company are attempting to avoid payment on a technicality. If they had placed me on payscale one, I wouldn't have an argument but I feel this might work. Worth a shot at least!

Mr. Incognito

OldNotWIse wrote: »

True enough, although they did take my years service into account when they were deciding what pay scale to place me on. Technically I should also have been put on pay scale 1, but they placed me on the scale according to my years servive, so the argument I plan to advance is essentially, you accepted and considered that the years with the agency were "service" for the purposes of calculating pay, therefore it seems unfair that you are disregarding them for the purposes of once off payments. I know that technically they are right but I feel if a third party looks at the situation they may think the company are attempting to avoid payment on a technicality. If they had placed me on payscale one, I wouldn't have an argument but I feel this might work. Worth a shot at least!

Or equally they may accept your argument and place you on pay scale 1.

OldNotWIse

Mr. Incognito wrote: »

Or equally they may accept your argument and place you on pay scale 1.

Contract already signed.

OldNotWIse

Mrs OBumble wrote: »

Would you have got the oneoff payment if you were still an agency worker?

No, afaik.

amen

True enough, although they did take my years service into account when they were deciding what pay scale to place me on.

if you have worked in a different company (Company A)but a similar job and you left that company to come to the company you now work in (Company then you may have started on a salary scale above point 1 due to your experience in company A. You would not have expected to get a once of payment.

When you were paid via the Agency you were in effect working for Company A who had contracted your services to Company B. Your length of service is with Company A.

OldNotWIse

amen wrote: »

if you have worked in a different company (Company A)but a similar job and you left that company to come to the company you now work in (Company then you may have started on a salary scale above point 1 due to your experience in company A. You would not have expected to get a once of payment.

When you were paid via the Agency you were in effect working for Company A who had contracted your services to Company B. Your length of service is with Company A.

There is in fact a slight difference though between your scenario and the situation I am in, in that there is some legislation (I cant remember all of it) that applies to the user company rather than the agency ie; for the purposes of this legislation, it is the user company who is considered to be your employer.

Mrs OBumble

OldNotWIse wrote: »

There is in fact a slight difference though between your scenario and the situation I am in, in that there is some legislation (I cant remember all of it) that applies to the user company rather than the agency ie; for the purposes of this legislation, it is the user company who is considered to be your employer.

Yeah, but that's saying that Agency workers cannot be paid less than directly employed workers who do the same job. But that only applies to regular wages and sick pay, AFAIK. It certainly doesn't apply to maternity leave, and I doubt that it applies to things like bonuses.

You could try asking your new management if there's a special case which applies to you. But don't be too disappointed if they say no, you're just like any other new hire so not eligible.

OldNotWIse

Mrs OBumble wrote: »

Yeah, but that's saying that Agency workers cannot be paid less than directly employed workers who do the same job. But that only applies to regular wages and sick pay, AFAIK. It certainly doesn't apply to maternity leave, and I doubt that it applies to things like bonuses.

You could try asking your new management if there's a special case which applies to you. But don't be too disappointed if they say no, you're just like any other new hire so not eligible.

yeah...sigh.... I'll give it a go anyway. Also, I'm not pregnant

donkey balls

The agency working directive only covers the basic rate of pay and OT etc and that an agency worker must get paid the same rate of pay as a full time member of staff, I currently work for a major multi national via an agency while I get paid the same as the full time workers at my level.
I am not entitled to the bonus payments the staff get at xmas time either and if the possibility ever comes up of me getting a full time contract with the company,Like those before me who worked via the agency I would be regarded as a new employee and be starting off with zero service.