To think they've made a massive mistake here?

[PepsiColaaa]

I've recently started a new job working from home. I was miserable in my old one and wanted to try something completely different. I found this job online via an agency who was recruiting for a company and they put me forward for an interview. I was offered the job last month, my equipment arrived last week and I started my training yesterday. It is only minimum wage but it was a way for me to get experience in this type of work (I've done the same jobs for 10 years). The job was advertised as working Mon-Fri 9-5 with weekends off and when I spoke to a lady from the agency she confirmed that over the phone to.

This morning whilst we were all on teams (8 of us) the trainer asked everyone to explain why they had applied for the role. One person said it was because they had a family and wanted to spend more time with their kids on the weekends etc. At that point the trainer must have realised and asked us all if we knew it was shift work. Apparently they operate 7 days a week 8-8 Mon-Fri and 9-6 on weekends and we would be expected to work shifts. They are also open during all public holidays (even Christmas Day ). I explained that there had been no mention of any shift work at all and I was under the impression that it was Mon-Fri. Everyone else said the same. Apparently we only work that during the 2 weeks training and then we start working on a rota basis.

It's not a huge problem for me as I've worked shifts before and I don't have any other commitments, but I think it's terrible that the agency have given all the applicants the wrong information. Some people have even left their jobs to take this one. One lady said she wouldn't have taken the job if she had known it was shift working as she has other commitments on weekends. Obviously some wires have been crossed but AIBU to think this is a huge cock up on the agency's part? Or maybe even the company itself if they've not passed the correct information on?

We're all stuck now and unless we want to be unemployed we need to continue with the job...

You would probably be able to resign and get your notice pay, but that's not much remedy. Agree it's very shitty. It may be that people who can't work those hours, because of child care or disability, would be able to bring a claim of discrimination.
I do agree that this kind of shit happens all the time with agencies and I don't believe it's all accidental at all.

Unfortunately agencies aren't regulated and can say what they like about a job. Their part of it is to introduce potential candidates to potential jobs... checking the details is the responsibility of the employer and employee.

It absolutely sucks and is so unfair and unethical but I don't think anything can be done at this stage

I think its deliberate deceit. Say you will only work the hours in the job advert.

@CorrBlimeyGG

This is a common tactic by agencies. They've been doing it for decades.

There used to be a government body that investigated agency scams. The Tories disbanded it.

What government body would that be please?

@KilledByWitches

B&Q did this on me once, fortunately I found out beforehand.

Pre covid, went for an interview for a part time 3 weekday afternoons position. There were about 5 of us in the training room in store when the Manager casually dropped in it was full time including weekends. We all raised it immediately that this was not what the job advert had said. One person even had a copy of the ad from their recruiting site. He seemed disinterested in how the mistake had happened and said if it didn't suit then we could leave. Everyone walked out.

Utter waste of everyones time.

Appalling. Hope you all got paid for the day.

Local Authorities are really bad at providing contracts (well, bad at everything else as well!). I know people who've worked at the LA for years without a contract. It's unheard of to get a contract within the first 6 months, however much you hassle them for it!

Thanks for all the messages. I'm bloody knackered tbh, I didn't realise how tiring it was staring at a computer screen all day 🤣

Not much was said after our discussion earlier. The trainer did say she would pass on all of our messages to her manager as a lot of people were understandably really unhappy about the situation but I don't think anything will be done about it unfortunately. We either work the shifts or leave and find something else. To be fair, the shifts don't really bother me as I'm single, no kids, no other commitments etc so I can be flexible. The only thing that's put me off is having to possibly work on Christmas Day. I've been really lucky, even when I worked in other jobs that involved shift work that I never had to work on Christmas.

With all the drama today I completely forgot that I've already booked and paid for a weekend away on the 11th of September and I am now due to work. The agency did notify me when I interviewed that we aren't allowed to book any time off for the first 6 weeks and asked me if I had any holidays planned but I said no, due to the fact that I thought I was only working Mon-Fri so didn't think it would be an issue. That'll be a fun conversation to have tomorrow. One lady had the same problem today as well as she is away during a weekend that we have to work. The trainer said you will have to request it off and she said that she wasn't asking, she was telling her that she wouldn't be in 😂 I wish had the guts to be like that! We'll see how tomorrow goes...

They also don't seem to know who is employed by the agency and who is employed by the company directly . I believe I'm employed by the company as I've had a contract from them but who knows. The trainer said she is waiting on management to back tomorrow and confirm. I personally think it's embarrassing that they don't seem to know what's going on or who's employed by who... I was never made aware that some of us would be employed by the agency either. How bizarre.

@HoppingPavlova i have had several jobs and temp jobs in last couple years only one had a contract the rest is just pay amount and hrs from agency

@GoodForTheSoul if your in the recruitment industry then you know a contract doesn't have to be given straight away its something like 2 months

Not sure if anyone has read my last post yet or not, but would I be within my rights to say I can't work the weekend of the 11th as I'm down to work then but I've booked and paid for a weekend away which can't be cancelled now. It's been booked for months.

The agency did advise me during the interview stage that I wouldn't be able to book any time off during the first few weeks and asked me if I had any holidays planned which I said no to, but at the time I was under the impression that it was Mon-Fri working so didn't think it would be an issue. Clearly I was wrong.

Another lady had the same issue today as she's away during a weekend next month when she's suppose to be working. They basically said that she would need to request it off first and she told them no as she'd had it booked before she even applied for the job. I think the company should be more understanding, given what's happened.

[quote worriedatthemoment]@GoodForTheSoul if your in the recruitment industry then you know a contract doesn't have to be given straight away its something like 2 months [/quote]
Actually that's not the case any more. The law changed some time ago.
www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

Extract:
An employer must give employees and workers a document stating the main conditions of employment when they start work. This is known as a ‘written statement of employment particulars’. It is not an employment contract.

The written statement is made up of:

the main document (known as a ‘principal statement’)
a wider written statement

The employer must provide the principal statement on the first day of employment and the wider written statement within 2 months of the start of employment

The principal statement must include at least: (there's a list but note it includes)

the employer’s name
the employee’s or worker’s name, job title or a description of work and start date
<strong>how much and how often an employee or worker will get paid</strong>
<strong>hours and days of work and if and how they may vary (also if employees or workers will have to work Sundays, nights or overtime)</strong>

The OP's situation is why you should never start a new job/training foe one (or indeed resign from your old job as some of her colleagues did) until you have seen the contract including hours of work and pay.

Hard lesson to learn and not much can be done. If some of the colleagues who left jobs suffer actual financial loss because they can't take up this new one, they might be able to sue under civil law but that isn't easy.

@PepsiColaaa

Not sure if anyone has read my last post yet or not, but would I be within my rights to say I can't work the weekend of the 11th as I'm down to work then but I've booked and paid for a weekend away which can't be cancelled now. It's been booked for months.

The agency did advise me during the interview stage that I wouldn't be able to book any time off during the first few weeks and asked me if I had any holidays planned which I said no to, but at the time I was under the impression that it was Mon-Fri working so didn't think it would be an issue. Clearly I was wrong.

Another lady had the same issue today as she's away during a weekend next month when she's suppose to be working. They basically said that she would need to request it off first and she told them no as she'd had it booked before she even applied for the job. I think the company should be more understanding, given what's happened.

I would do what the other lady is planning, and don’t ask them but tell them you have something planned. It is NOT your fault, and as you say, when you were (falsely) advised what the working hours were, your plans weren’t affected at the time you were asked the question and therefore you have not deceived them in any way about your holiday (and tbh, I don’t think they’d really be in any position to give lectures on deceiving people). If they try and make any fuss about it I’d still go ahead with it and would be planning my next job and interview with the way they’ve pissed you all about so far. It sounds like a bit of a shambles (again, this is not unusual to me from past experiences with agencies).

@Goofers

It’s a legal requirement to get a contract before your first day, did they not read their contracts?

It might be a legal requirement but it tends not to happen in schools. Earliest I've ever received mine was first week in October; once I didn't get it until November.

@PepsiColaaa
Technically they can refuse your leave if they give you the same amount of notice as the number of days off you request. So 3 days notice for 3 days off.

I assume you don't know if you'd be rostered to work that weekend yet anyway? Probably best course of action is to clearly but not rudely state you are not available for work that weekend and why - pointing out it is not your fault. Then see what they say. I'm hedging bet they won't insist - but they could....

If they did refuse you could raise a grievance about it, though that is a bit risky as you have limited employment rights at the moment. If they felt vindictive they could sack you - maybe not if they need you more that you want the job.

i have always had a contract from NHS

go away on the weekend you have booked
look for another job in the meantime

So the agency may have fucked up or lied or gotten it wrong

But why the hell didn't the actual employer check all this vital info on offering the role and why wasn't it explicit in the offer letter

For future reference, always check the contract and offer letter carefully before resigning any job

@LemonGelato well it is still as like you say not a contract just an offer has to be given
Its what most of us accept a job based on

Why would anyone ever resign/accept a job without seeing and signing the contract or at least a written offer letter with all terms??

I work in an employment agency and no way on Earth would we ever do anything so underhand or dishonest as this

1. The client would not come back again due to the mahoosive cock up
2. The candidates would just leave straight meaning we would not get paid anything for our efforts
3. It would be loads of work for nothing. Total waste of time for everyone involved. We would be back to square 1
4. Nobody at my company would be that horrible. We would prob get sacked too
5. We recruit for shift work all the time and its not that hard. Maybe this is really terrible pay
6. The candidates would all of received a contract before starting

I could go on. What a balls up of epic proportions

Agencies are unscrupulous they have no regulatory body and are charlatans. I deal with them as part of my role so stand by what I am writing and I always say it’s like the Wild West out there.
A close family member has recently resigned a near home office based role for a new agency advertised role which said it was wfh after 6 weeks training with just one week every four in the office. This new role is a 80 mile round trip which they didn’t mind for the training and as they thought they would only commute for one week out of four. During their first week in post they were told the agency should not have advertised the post that way and they are expected to be in the office all of the time and they are no longer using agencies to recruit because of that.
Said family member is looking for another role and luckily the job market is buoyant so that should not be a problem. They also have the option should they wish to go back to their old role. All of everyone’s time wasted though through the recruitment process, pre employment checks etc.

@tubularhells it's shocking isn't it. I plan to ring the agency tomorrow and complain or at least leave some honest feedback. I doubt I'll get anywhere or that they'll even acknowledge their massive cock up but I can at least put my point across and make them aware that a lot of people aren't happy.

Thanks @LemonGelato and @plodalong12 I'll let you know how I get on tomorrow

Standard agency. We always have staff coming through stating (and indeed showing emails) of agency’s promises which aren’t what we offer.