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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Employment Law
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I work for an agency and i have been on the same assignment

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I work for an agency and i have been on the same assignment since 12/06/12,i work on a two shift pattern,6-2 30 and 1 30-10 monday to friday.My question is am i entitled to shift pay the same as the regular members of staff.
Also my duties include every aspect of the job as the regulars,the only difference being i do not have a licience to drive a bendi flt but i do drive a counterbalance the same amount of time during my shift,but i am told i am not doing a like for like job because i have to wait for stock to be dropped before i can pick it.There is only one bendi truck so in effect only one person will be on the truck at any given time so everyone would have to wait for either the truck or for someone to drop a pallet for them,can you please tell me where i stand on these two issues thank you.
Keith Fisher.
Hello,

Are you supervised and directed by the client?
Customer: replied 4 years ago.


Yes i am supervised and directed by the client

Thank you.

It would appear that you fall within the scope of the Agency Workers Regulations 2010 and are entitled to the same shift pay as the regular employees after 12 weeks of service. I note that you will have worked for 6 months on 12/12/12.

You should refer your Agency to the Agency Workers Regulations and your rights to equal pay after 12 weeks of commencement of your assignment. Equal pay includes shift allowance/shift pay.

See here: http://www.hrmagazine.co.uk/hro/features/1019712/agency-workers-directive-the-key-issues

Regulations appear here: http://www.legislation.gov.uk/uksi/2010/93/regulation/5/made

I hope this helps. Please leave feedback

Customer: replied 4 years ago.


Thankyou what about the issue of diving the flt and where i stand with that

That is a bit tricky but it seems like a flimsy argument to use against you to deny you of your rights under the Agency Workers Regulations.

I would challenge them if I were you.

All the best
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