I was wondering if anyone could clarify something regarding work through a temp agency. I've had a look at my contract with a well known temp agency and under holiday entitlement and pay it states I may become entitled to additional holiday under the AWR 2010. Well I looked this up and think it applies to me as I have been on this particular assignment over 12 weeks. I know from the advert that was placed for the permanent role (which I don't want) that the pay would be more per hour plus an additional 7 days holiday. When I Google it only says I am entitled to ask for the same pay and holiday but isn't clear if I'm entitled for it to be agreed. I casually asked the agency last week if now that I have been here over 12 weeks any of the terms will be changing and had no response. I'm nervous to push for it incase they remove me from the assignment so they don't have to pay me any more. Please can someone help?
You are entitled to be treated the same as a permanent worker recruited to do the same job would be regarding pay, holidays and working time. These rights are against the hirer (i.e. the company you are working for), not the agency.
If you believe you are not being treated equally your first step is to ask the agency for a written statement setting out all relevant information relating to the rights of a comparable worker or employee and the reasons for the treatment of agency workers. If they fail to respond within 30 days you can write to the hirer asking for the same information.
If you don't get the required information from either the agency or the hirer, or you believe the information shows you are being treated unfairly, you can apply to an Employment Tribunal. However, you have to move quickly as your time to lodge a claim is very limited - 3 months from the breach. Based on what you say above, the clock is already ticking.
Thanks so much for replying. Can they refuse to offer me the same conditions though? I'm worried that they will instead just replace me with a new temp. I know the details of the role if I were to work directly for the hirer as it is advertised and they offered me to apply but I didn't want to commit to the hirer directly as I only plan to be here a few more months and they would need to recruit again which my line manager understood and was grateful i was honest and saving them from onboarding me only to have to rerecruit soon after but I'm worried this will work against me now as I want the same pay and holiday
It is an entitlement so no, they cannot refuse. However, if there is a comparable employee who is on similar or worse terms and conditions than you and that employee is on the hirer's standard terms and conditions they are in the clear.
If they dismissed you for raising this it would automatically be an unfair dismissal and you would be able to take them to tribunal even if you don't have 2 years' service.