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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been working for a company through an agency for five

Resolved Question:

I have been working for a company through an agency for five months. After the initial 12 weeks I was told I was to be paid the same as the full time members of the company. This has been true for holiday leave but I have still been getting a basic wage for my overtime where the full time members of staff get time and a half.
Should I have been getting time and a half?
Can I do anything about it?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. So it is just overtime hours that you are not being paid for equally, you are still getting the same for your basic hours?

Customer:

Yes I have been getting the same for my basic hours. The job was initially advertised as 12 weeks temp to perm with overtime paid at same basic rate. I was kept on with the Agency at the end of the 12 weeks and was terminated on Friday (five months after I started). I have no problem with the first 12 weeks but I wonder if I should be getting the increased rate after that time?

Ben Jones :

ok let me get my response ready please

Ben Jones :

After 12 weeks in an assignment working as an agency worker, you are entitled to the same basic conditions as permanent employees doing the same job. These basic conditions would include ‘pay’ and whilst that is not defined by the Agency Workers’ Regulations, the guidance to these regulations states that pay would also include overtime pay. However, that would depend on any applicable requirements regarding the number of qualifying hours. For example, an agency worker would have to be doing work over and above standard hours to qualify for overtime, not just doing a shift pattern that permanent staff tend to do on an overtime basis.


 


As long as that applies then you should be entitled to receive the same rate for these overtime hours. If you have not done so you are able to challenge the party that makes the payments and pursue them for the difference for the time between your 12th week and your termination.

Customer:

Thanks for that. The basic hours for the job were 39 hours per week. I was doing an average of 50 hours per week so I was certainly doing overtime. I will challenge the agency for the shortfall.

Ben Jones :

Great, the relevant legislation is here:

http://www.legislation.gov.uk/uksi/2010/93/regulation/6/made

Customer:

Just what I needed. Thanks again.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Customer:

I have been trying to leave a positive rating but am getting a 'computer raspberry' as it says you are still replying. I will continue to try.

Ben Jones :

Thank you, XXXXX XXXXX bug, you can just type it instead and we will process it

Customer:

OK. I would like to give Ben a very positive rating for the help he has given me this morning.

Ben Jones :

Thank you, notes

Ben Jones :

noted

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