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  • #1

    Overtime and Agencies.

    Must state this is not for me, but it is same type of thing.

    The person this is on behalf of has worked several hours overtime over the last few weeks, and over the next couple will be working a fair few more.

    However,the agency, despit them being on a 35 hour contract has only paid standard rate for their overtime - or rather paid them 35 hours + OT hours @£7 ( rather than 35 @7 and X at 10.50.


    I have advise dthem in the first instance to approach the agency, but dont hold out much hope. Does anyone know what the next step would be? I know years ago I had to threaten an agency with the Agency Employment Act '73 and then had to go further (I believe then the governing body (if thats the right wording) was the Dept of Trade and Industry - is that still relevant?

    Not worked for agencys for a while till recently so have lost touch a bit with relevant legislation.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
    Tags: 1st, acas, advice, agencies, agency, con, contract, director, employers, employment, flat, flat rate, friday, hassle, holiday, law, legislation, letter, lost, minimum wage, overtime, paid, pay, payments, rac, rate, rates, staff, state, wage, workers, working
  • #2
    Re: Overtime and Agencies.

    Won't this all depend on his contract?

    My contract pays a flat rate. End of.
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    • #3
      Re: Overtime and Agencies.

      Unless it is stated in the contract of employment there is no requirement for employers to pay any overtime or to pay it at a higher rate.

      The only caveat is that the total numbers of hours worked divided by the amount of pay must not work out lower than the minimum wage of currently £6.19 an hour (going up from 1st October 2013 to £6.31)
      Legal Disclaimer
      I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

      If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

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      • #4
        Re: Overtime and Agencies.

        Positive it does say in contract. We get paid the same rate as FT staff after 12 weeks, so assume, without digging out contract that it would be same.

        As I say, I am positive it does state 1.5 after 35 (or contract equivalent 37.5, 40) in the contract
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: Overtime and Agencies.

          Then the employer is contractually bound to pay it.
          Legal Disclaimer
          I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

          If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

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          • #6
            Re: Overtime and Agencies.

            I would suggest that the underpayment is drawn to the pay offices attention. It may well just be human error. If it isn't dealt with at that level raise a formal complaint with the manager of the department. If still no joy let me know.
            Legal Disclaimer
            I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

            If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

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            • #7
              Re: Overtime and Agencies.

              Its working via an agency josie, so if "fobbed off" other than the Director of the company, I am unsure of who it would be escalted to. Used to be shit hot on this stuff when I was in uni as I worked for that many agencies - but a lot has changed.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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              • #8
                Re: Overtime and Agencies.

                Try the Director. Do you want me to draft a letter for your friend?
                Legal Disclaimer
                I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

                If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

                Comment

                • #9
                  Re: Overtime and Agencies.

                  Going to wait and see happens ove rthis week I think, having just reviewed some paperwork, it seems a little ambiguous. Wording like you will be notified if you are entitled to a higher payment for overtime. It could well be that the client needs to auth this in some way? Maybe even needing to pay hours * 1.5.

                  Hasnt really affected me as I have only ben able to do 2 hours OT! Not worth the hassle for me - but if my friend needs a letter / further advice, will post back here.

                  Thanks again Josie!
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #10
                    Re: Overtime and Agencies.

                    From an employers perspective, we agree with the agencies what overtime rates we pay our temps and for what times (so its time and a third Monday to Friday and time and a half Saturday). All agency workers are entitled to the same overtime rates as our perms. I believe after 12 weeks that is law.

                    If they come back and say that your friend is not entitled to overtime payments then they need to check the perms contracts to make sure they are being treated equally.

                    Good luck.

                    Jane x

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                    • #11
                      Re: Overtime and Agencies.

                      Originally posted by tastyjane View Post
                      From an employers perspective, we agree with the agencies what overtime rates we pay our temps and for what times (so its time and a third Monday to Friday and time and a half Saturday). All agency workers are entitled to the same overtime rates as our perms. I believe after 12 weeks that is law.

                      If they come back and say that your friend is not entitled to overtime payments then they need to check the perms contracts to make sure they are being treated equally.

                      Good luck.

                      Jane x
                      I know perm FTEs get 1.5x after 35 hours, I am also aware regards the 12 week rule ..... to be honest, I think it MAY well be an admin error, but I am aware of others that have had to continually chase.
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment

                      • #12
                        Re: Overtime and Agencies.

                        Hiya
                        All I know is that all agency workers have the same working/pay/holiday rights as perm workers and believe this came about approx 2 years ago, so pay conditions including overtime as well should be the same for them all in that equal role.

                        However, even though the working conditions start from day one, there may just be a period of for example 12 weeks before they pay the same as the perm workers, this can however vary depending on the agency.
                        http://www.acas.org.uk/index.aspx?articleid=3497

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