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Not being paid AWR - what should I do?

Discussion in 'Supply teaching' started by horseykitty, Jun 15, 2015.

  1. horseykitty

    horseykitty New commenter

    I have been at my present school, covering my subject, in one capacity or another since Jan 2013.

    When I agreed to go there, originally for 6 weeks, I said I would do it for £10 a day extra and I thought this had been agreed. It is only when checking back, that I appear to have been doing a full time role for an extra £2 a day - something that I would never have agreed to do. After Feb half term 2013 I went back to the school doing 1/2 day per week until summer. Then in Sept. 2013 I returned full time for the school year. I am still there doing 2 days a week.

    It seems that this extra £2 was what I was paid extra per day until Nov. 2013 when my hourly rate indicates that I went up to an extra £10 per day. This continued up until the end of May 2015 when it seems the agency have put me back down to my daily rate + £2. I queried this with them and was told 'Oh we were paying you the wrong rate'. It is only when checking back over my payslips that I've noticed just how wrong they've been.

    If, as I believe, AWR should have kicked in ages ago, then they are paying me over £15 less a day than they should be - according to teacher's pay scales.

    I would like some advice on how to approach them. As I am only registered with the one agency at the moment I am obviously more cautious about approaching them about this than if I was registered with a few more. I don't want to end up with no source of income come September, but neither do I want to carry on being taken advantage of. I know there is a pro-forma letter on the NUT website (I'm not in a union) but it advises caution before sending it and getting proper advice.

    I've been working for the agency for years and have a good relationship with them, but I know that if I do broach this with them it could turn nasty and I might never work through them again.

    HELP!
     
  2. nearmiss

    nearmiss Lead commenter

    What you can do is approach ACAS if you are not in a union.

    You should be able to access a copy of the contract that you are hired under. It will be attached to any emails you received when you initially accepted the placement. You will need to check that it is not a Guaranteed Work or Guaranteed Pay contract.

    If you have not signed a Swedish Derogation or been clearly notified that you were accepting a section 10 exemption, then you should be entitled and that entitlement could well backdate to the twelfth week of your placement.

    If you were not a member of the union before period under dispute, sadly the union will not be able to take up your case. However, it is likely that in the first instance you would have been referred to ACAS anyway, so union representation is not necessary as ACAS is a statutory body.

    The fact is, if they have acted in ignorance at your branch, then it is a head office matter. It must be a company policy, and it is up them to train their staff.

    Don't be cowed into submission by fear of reprisal. They are breaking the law, not you. Not doing anything about it sets a dangerous precedent.

    I think there are other users of this forum who have had similar experiences. I hope that they will contribute to this thread.
     

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