Employment Lawyers Can Answer Your Employment Law Questions
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?
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?
ok let me get my response ready please
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.
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.
Great, the relevant legislation is here:http://www.legislation.gov.uk/uksi/2010/93/regulation/6/made
Just what I needed. Thanks again.
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:
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.
Thank you, XXXXX XXXXX bug, you can just type it instead and we will process it
OK. I would like to give Ben a very positive rating for the help he has given me this morning.
Thank you, notes