I'm an agency worker. Can I get the same pay as permanent staff?

[agencyrights]

I've been working for a local authority through an agency for nearly 6 months now and I'm wondering if I have any rights with regards to being paid the same as my permanent colleagues?

I think you do. From the EU's Working Time Directive, transposed into domestic law and I think it's after 3 months. I suppose you'd have to be doing the same job or a comparable one.
I suppose the permanent workers may have had increments since they started. Is that why they earn more?

Hi. Thanks for your reply. Gwenhwyfar I earn just slightly more than minimum wage and I most definitely do the same as other staff there. I am currently covering someone who is off long term sick. I don't know for sure what they earn but I'm almost positive it's more than minimum wage!

Would I need to request same pay to my employer or from the agency?

m.acas.org.uk/index.aspx?articleid=6493

After passing the 12-week qualifying period, an agency worker must receive the same pay as staff directly employed by the hiring organisation unless they are on a pay between assignments contract.

Is there a colleague you can speak to who will be willing to share details of their grade? It is a scale so you would be at the bottom of that scale.

Yes they would be on a scale but I suspect my pay is nowhere near even the bottom of the scale.. I could easily find out what grade they're on.

Would I need to take this up with the agency or my employer?

We agency workers used to get paid much more than permanent staff. That was when there were loads of jobs and not enough people to fill them.

It’s the Agency Workers Directive, not a working time act.
ec.europa.eu/social/main.jsp?catId=706&langId=en&intPageId=207

You’re not employed by the LA so you need to speak to your agency.

I was always paid much more than the perm staff when I temped. I haven’t temped for a while though.

Singlenotsingle oh really?! Was it a private organisation you were working for? The local authority probably won't want to be paying a lot for me but I will most likely be here for a year at least. My manager said they won't recruit for my job as they don't want a permanent position due to the constant threat of budget cuts.

whifflesqueak what?! You were paid more too!

My agency has a contract with the local authority and all the similar roles to mine (I work in admin) are all paid the same. Basically not much!

If there is a law that says that agency workers have a right to the same pay then why don't they adjust the pay after 3m to comply? Are they ignoring it? Its a joke.

I remember that temp always got slightly more as they didn’t participate in benefits like pension, health insurance, loan schemes for travel costs etc. Depending on your contract you also were only paid for the days you worked so no sick leave or holidays unless your contract specific said so.

Your agency should be on top of salary questions, I would raise it first with them.

"It’s the Agency Workers Directive, not a working time act. "

That's what I meant obviously.

People saying temps got more, are you talking about high skilled than admin, maybe social work or nursing. I know that those jobs do pay more to temps, but if it's office work it tends to be less. Office admin temping jobs are usually things you can learn straight away so less complicated than some permanent admin jobs. When I've temped, I've always just been thrown into the job, but in some permanent admin jobs I've spent the first week reading and learning.

One of the best paid types of 'temps' is IT contracting of course :)

I used to do temp office work through an agency, but it was a long time ago.