Closing the Loopholes - CWU Campaign for Justice for Agency Workers

I was pleased to join my colleague Jenny Marra MSP (and Councillor Lesley Brennan not in the picture) and activists from the Communication Workers Union (CWU) to support the CWU's campaign Closing the Loophole - Justice for Agency Workers.

At the BT call centre in Dundee around 120 agency workers are employed  on ‘Pay Between Assignment’ contracts. This means that after 12 weeks, instead of receiving equal pay with directly-employed staff, they remain on as little as £6.25 an hour, well below the Living Wage rate of £7.45 an hour and around £2.00 an hour less than other staff at the call centre.

CWU local spokesperson, John Brownlie, from the Dundee Clerical Branch said: “It’s totally unacceptable many of our agency workers in Dundee should be prevented from the equal pay they are entitled to because  of these duplicitous contracts which  in essence sign away their rights. Both agencies and hirers are clearly at fault for choosing to use these type of Contracts instead of sticking to the spirit of the law which is meant to award equal treatment after a 12 week qualifying period.

“Agency staff should be entitled to equal pay with directly-employed staff doing the same job as them after 12 weeks. It’s not fair to exploit people on £6.25 an hour – less than the Living Wage - and this loophole should be closed.

“We’re asking companies and agencies to stop using these contracts. Most people signing up with an agency are unaware of what rights they are signing away and it’s irresponsible and dishonest to exploit often low-paid workers in this way. We’d also like the Scottish Government to look at this issue as it’s clearly in contradiction to the spirit of the law.”

Agency workers should receive equal treatment after 12 weeks in a job, following legislation brought in in October 2011, but a legal loophole allows ‘Pay Between Assignment’ (PBA) contracts which sign away agency workers’ rights to equal pay. Many agency workers are signing these contracts without realising the implications.

Quote from a local agency worker- “I’ve been working here for six months and my pay rate is £6.25 per hour. I do exactly the same job as people on much higher pay than me and it just doesn’t seem fair. I didn’t know what I was signing away with my contract and now I can’t get out of it. As I give 100% commitment and loyalty, why shouldn't I  be getting equal pay along with my other colleagues. I feel really let down and duped out of my rights.”

I support equality and fairness for workers and I support the Living Wage, and I think that a company like BT should be paying the Living Wage.  This is a good campaign from the CWU and I support them in their efforts.