Contracted hours

[pissinginthewind]

Hello, I have a question about different contracted hours for permanent staff, agency staff and contractors, all working full time and all employed in the same capacity.

Permanent staff are full time and paid for 37 hours.

PAYE agency workers and contractors working via ltd companies are also full time and are paid 35 hours.

All staff are able to manage their own diaries to get the job done. There seems to be no consideration given as to the fact that some staff have less available working hours each month to complete tasks.

I am a non permanent member of staff paid for 35 hours. Do the AWR cover the PAYE temps but not the contractors? Just curious. Thanks for reading.

Interesting question. Sorry I don't think I can answer your question. But can I just ask what type of contract the agency workers are on? As in fixed term? Derogated?

Different terms as you have a different employer. You're employed by the agency.

All of the temporary staff (both PAYE and contractors) are on contracts that are renewed every 12 weeks.

Oh and thanks for responses.

That's interesting then as don't the Agency Workers Regs kick in after 12wks?

Im not sure. I think after 12 weeks the AWR kick in so the agency PAYE staff should be paid for 37 hours same as their colleagues. Im a contractor so I think I just have to suck up that I have to do the same workload but in less hours. Im curious really, rather than having any wish to raise it formally.

"I think after 12 weeks the AWR kick in so the agency PAYE staff should be paid for 37 hours same as their colleagues."

No. AWR would entitle someone to be paid the same hourly rate as a permanent equivalent. It doesn't give them the right to demand more hours.

Are they paid the same hourly rate?

The AWR legislation says that agency staff have to be paid the same rate, holidays and some other benefits as permanent staff. As long as the hourly rate is the same, there is nothing to say that you have to work the same hours. You could try it at a tribunal if you wanted to having already asked and the company will not change your hours.

Are you a contractor paid PAYE by the company, or do you have a freelance rate and invoice the company?

I appreciate the responses. Temp staff on various rates depending what they negotiated. I invoice the company. Im not wishing to take this further as i will leave when current contract ends and im happy with what i earn. The grumblings i have heard (and share) is not over pay but over having 2 hours less each week to complete tasks. I was just being curious as this situation might arise again. I will know now to discuss this before signing the contract!

The Agency worker regulations give you no right whatsoever to demand more hours.

Yes I accept that. My question was in relation to the fact that all staff, whether perm or temp are classed as full time with a full time caseload yet some staff members have 2 hours extra to complete their tasks. What happens is the temp staff work extra, unpaid.

As explained, i do not wish to challenge this and certainly will not attempt to demand more hours. Was just trying to understand if this was common as it does not seem fair.

It depends on the type of industry it is. Some organisations may do this, I have been working in temporary staffing for 20 years and have not come across this situation.

Is it a social care environment?

It is indeed!

I have not worked in Social Care, but I had been told that QSW temps earn more often than the perm staff. Maybe the hours is a process to keep the cost down. It does sound a bit odd though.