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Higher pay after 12 weeks supply? Am I owed money?

Discussion in 'Supply teaching' started by michrob1, Jun 24, 2015.

  1. As some might know from my pervious thread and private messages - I'm signed with a London agency at the moment (lets call them Agency A) and I'm in the process of signing up to an agency in another area as I'm moving. I went to have the good old paperwork/interview session with one such agency, lets call them B.

    Agency B told me that if I work just once a week in any school, and do so for 12 weeks, without a break of more than 6 weeks, my daily rate should increase to be 1/195 of what my MRS salary would be at that school.

    Is this correct?

    I was told something similar by Agency A on sign up but they led me to believe that I had to work the entire 5 day week for it to count.

    I have been working through Agency A all year, and have had a regular slot (two afternoons a week) in the same school. I've worked the two afternoons virtually every week since January, a couple of weeks I only did one afternoon as they didn't need me and a few times I was asked to do some full days when teachers were on courses etc. I've only missed a whole week when it has been holidays or one week when I was unwell.

    It's been about 16 weeks in total. I mentioned this to Agency B (because I though she had made a mistake) and she said I should have been receving a higher rate once I had passed the 12 week mark. Like I said, Agency A had said I needed to work an entire week for it to count, not just a single day or half day. I had dismissed the 'Agency Worker Regulations' as something for people on medium and long term supply, not day to day like me.

    Does anyone know what the correct position is? Should I approach Agency A about money I may be owed?

    I'm MPS4, its an Outer London school.

    These are the weeks I have worked... (week commencing date).

    19/01/15

    26/01/15

    02/02/15

    09/02/15

    23/02/15

    02/03/15

    09/03/15

    16/03/15

    23/03/15

    13/04/15

    20/04/15

    27/04/15

    04/05/15

    18/05/15

    01/06/15

    08/06/15

    15/06/15

    22/05/15

    I also expect to be there every week until the end of term.

    Thanks! I'm so confused!
     
  2. nearmiss

    nearmiss Lead commenter

    Even if the work is part time, Agency Workers Regulations apply. Don't rely on branch staff to be up to speed on the law.

    Read this link

    www.teachers.org.uk/.../14764
     
  3. teacha

    teacha Occasional commenter

    I worked at a school for one day per week for a year - on basic agency pay. When I queried this with the agency, they told me that they would have to charge the school more in order to pay me the AWR rate. As the school was already strapped for cash, I didn't think that was fair - as the children would have ended up suffering - so I let it go.
     
  4. nearmiss

    nearmiss Lead commenter

    Teacha, I applaud your sense of fair play, however, if the agency is failing in its legal obligation towards you, its employee, that is also not fair.

    Call me a cynic but I don't buy this "school can't afford it" line. Unless the agency had been prepared to disclose what they were charging the school you don't have to take their word for it. The agency charges the school infinitely more than they pay you and they should already have factored in the potential for the increase in your pay after AWR. If they had undercut to get the gig and then found themselves out of pocket by paying you what you are legally entitled to, then so be it. They cannot visit their bad budgeting on their clients.

    I suspect that what you were told was crass sales talk and you were too nice to slap it back at them, so they pocketed what should have been yours.

    Equal pay for work of equal value is an established principle of law. We uphold British values, oh yes we do.
     

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