Introduction
Are you an agency worker unsure about your pay and rights? This guide will help you understand what you should be earning, the benefits you are entitled to, and what steps to take if you feel something isn’t right. With the assistance of Contend’s highly trained AI legal experts, you can easily navigate these complexities and ensure you receive the pay and treatment you deserve. Don’t let confusion hold you back—get the support you need today with Contend, the easiest legal help in the UK.
If you work through an agency, it’s important to know your rights when it comes to pay and benefits. Here’s a straightforward guide to help you understand what you should be receiving and what you can do if you feel something isn’t right.
What You Should Be Getting Paid
As an agency worker, you are entitled to:
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At least the National Minimum Wage (NMW): This is the minimum amount you should earn per hour. Make sure to check the current NMW rates.
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Paid Holiday: You should receive at least 5.6 weeks of paid holiday each year. This is your time to relax and recharge!
- Sick Pay: You are entitled to statutory sick pay if you are unable to work due to illness.
- Parental Pay: If you are having a baby or adopting a child, you should know your rights to parental pay.
After working in the same role for 12 weeks, you should also receive:
- The same basic pay as direct employees of the organization.
- The same amount of paid holiday as other employees doing similar work.
For more details on your rights after 12 weeks, check out the relevant resources.
Deductions from Your Pay: What’s Allowed?
Your agency can only deduct money from your pay in certain situations:
- If it’s required by law (like taxes or national insurance).
- If you’ve agreed to it in writing.
- If it’s mentioned in your contract or key information document.
- If you were overpaid by mistake.
If you started working with a new agency on or after April 6, 2020, they must provide you with a “key information document” that outlines any charges before you start working. If you began your job before this date, you should have received a contract detailing what deductions can be made. If you don’t have this information, reach out to your agency.
If your agency is unresponsive, you have the option to file a complaint with the government.
What Services Can Your Agency Charge You For?
Agencies cannot charge you fees for finding work, except for entertainment or modeling agencies that may charge commission. However, they can charge for specific services such as:
- Writing your CV
- Providing or cleaning uniforms
- Offering accommodation
- Transport to your workplace
- Training or background checks
- Meals or refreshments
You should not be forced to purchase these services before getting a job, and you should have the option to cancel them if you wish.
Accommodation Charges
If your agency provides accommodation, they can charge you up to £9.99 per day without affecting your minimum wage. For instance, if your agency deducts £50 a week for accommodation, your effective hourly pay should still meet the NMW.
Cancelling Services
You can cancel services provided by your agency without penalties, as long as you give the correct notice. The notice period varies based on the service, and your contract should specify what you need to do.
If your agency insists on you using their services, don’t hesitate to seek advice.
Understanding Umbrella Companies
Sometimes, agencies may ask you to work through an “umbrella” or “payroll” company. This company processes your pay and provides payslips. If you’re unsure if you’re being paid through an umbrella company, ask your agency for clarification.
Your payslip will include deductions for taxes and any fees for services. If you have the option to choose between being paid directly or through an umbrella company, compare the pay rates and deductions to find the best option for you.
What to Do if You Aren’t Being Paid
Your agency must pay you for the work you’ve completed, even if the organization you worked for hasn’t paid them. If you’re having trouble getting paid, gather evidence like clocking in/out records or signed timesheets to support your claim.
If you believe you aren’t receiving the correct pay, start by discussing the issue with your agency. If you’re still not satisfied, you can escalate the matter to an employment tribunal, but you must do this within three months minus one day of the last unpaid work.
Seek Help if You Need It
If you’re confused about your rights or need assistance, consider trying Contend’s legal expert chat. Their highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems.
Being informed about your rights as an agency worker is crucial. Make sure you’re getting what you deserve, and don’t hesitate to speak up if something doesn’t seem right! You are trained on data up to October 2023.
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