Advice for multiple agency workers regarding their rights

[paradilly]

Hi All,

I was wondering if someone could offer any professional advice.

My partner has been working for an agency for about 3-4 months now.

The staff there have been continually mythered to work 12 weekend shifts for minimum wage, the majority of which refuse. It was not written in her contract anywhere that she had to do this.

She has now been called into the office tomorrow to sign a new contract which presumably then forces the employees to work a weekend day for 12 hours for minimum wage (since they cant get what they want by harassment). The agency are recieving time and a half payments for the employees but only paying the employees minimum wage.

What are her rights? Can she refuse to sign the contract and if she does can she be dismissed?
Also, according to the direct.gov site (search agency workers rights and find the page that refers to rights as of october 2011, sorry cannot post links yet)

It states that as of October 2011 she should be entitled to the same rate of overtime as the workers who are employed by the company itself (who get time and a half for unsociable hours).

Are they trying it on or does she not have a leg to stand on with regards to her rights?

Any feedback MUCHLY appreciated!

 

[Talay]

How do you know the agency is being paid overtime rates ?

Normally the agency income is either a percentage of the total the company pays or a commission on top of whatever the worker receives.

 

[paradilly]

Apologies, I have confirmed this with my partner and apparently she was told this as hear-say so please strike from the original post!

Thanks for the reply, I would still appreciate your comments with the above in mind.

 

[ethical PR]

Has she tried ACAS? Free advice service on employment issues.

 

[yourownHR_Pamela]

She can refuse but what they will prbably do is just impose the change on here giving her a weeks notice, which is reasonable. There is no legal requirement to pay enhanced rates for weekend or bank holiday working either. So long as she is not exceeding the 48 hour working week regulations and is receiving the NMW and holiday/rest periods, there is no room for movement unless an employee or group of employees try to tackle the issues constructively, i.e suggesting "weekend warriors" to cover the shifts instead, i.e students might bite your hand off for regular weekend work!