I've recently come across a subbie who is working through an umbrella, who's contract quite clearly states the he will be under SD&C of the end client.
I have therefore advised him that he would therefore as he's through an umbrella he comes under after 12 weeks AWR ans is entitled to the same T&C's as permanent members of staff.
He is working next to staff who get time and a half for all hours over 37. He does not. The agency when he's queried it with them advised this is why he receives a greater hourly rate. But as he points out there is a lot more to rates of pay then a headline rate, as he is also paying employers NI.
My question is should he receive enhanced rates for the extra hours over 37 to bring his T&C's inline with the permanent staff.
I have therefore advised him that he would therefore as he's through an umbrella he comes under after 12 weeks AWR ans is entitled to the same T&C's as permanent members of staff.
He is working next to staff who get time and a half for all hours over 37. He does not. The agency when he's queried it with them advised this is why he receives a greater hourly rate. But as he points out there is a lot more to rates of pay then a headline rate, as he is also paying employers NI.
My question is should he receive enhanced rates for the extra hours over 37 to bring his T&C's inline with the permanent staff.
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