Temporary Staff via Agency - 12 week ruling
Discussion
anonymous said:
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Re. holiday pay, every contract is different though I would assume any decent agency would be following those guidelines. I know where I work, its explicity stated that holiday pay is 'included' as 14% of the contract amount. With regard to the permie role, it actually winds me up. She should be able to demonstrate value, commitment and possibly competence to the firm having worked there, effectively being one up on other candidates through 'known merit' but entitlement?!
mph1977 said:
From my understanding , which was confirmed by proper HR person , if someone has been on agency for 12 or more weeks they should be treated as an internal candidate.
Yes, I got landed with a useless member of staff at my old role because of this - my manager didn't want to rock the boat with the "internal" candidate and pretty much told me to hire them.There is no entitlement to a permanent role. The AWR is there to ensure agency workers have equal terms to to a comparable permanent employee. Interview as normal for the role and choose the best person. However, given what you say about this agency worker then you should ensure you follow a well documented process.
jonnydm said:
Seems to just be referring to pay. Not sure why she would think she is entitled to a permanent position based on those guidelines.
She isn;t, however if the organisation advertises jobs internally first then agency >12 weeks should get thesame preference as company direct employees, technically agency <12 weeks can be treated as esternal ... but that would be a value judgement by the appointing manager ( informed by the potentially 'losing manager' if the worker was in another dept/ team)edc said:
There is no entitlement to a permanent role. The AWR is there to ensure agency workers have equal terms to to a comparable permanent employee. Interview as normal for the role and choose the best person. However, given what you say about this agency worker then you should ensure you follow a well documented process.
That's my understanding as well. Whilst AWR gives Agency Staff some "comparable rights" it certainly doesn't give them all. E.g. Study leave, occupational maternity pay, redundancy.With regards to the OP - for internal vacancies they have the same rights as your "normal" employees. For example if jobs are advertised internally first then they have the right to apply before it goes external.
mph1977 said:
She isn;t, however if the organisation advertises jobs internally first then agency >12 weeks should get thesame preference as company direct employees, technically agency <12 weeks can be treated as esternal ... )
Notification of internal jobs is a right from Day 1, they don't have to wait until 12 weeks.Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff