Employment Agency Problem
Discussion
A friend has been working for an employment agency on and off for the last few weeks. They were told very clearly that they would be paid a certain basic and overtime rate. This was clearly stated and referred to several times in conversations.
A recent query was fudged and this aroused their suspicion so they emailed asking for confirmation. The agency is now stating that the rate for the contract is £3 per hour less for both basic and overtime hours and that this will not be varied.
The consultant responsible for promising the original rate has conceded that they made a mistake (the truth, of course, is that they deliberately misled), but is now suggesting that it was a misunderstanding and that they will not pay the promised rate.
The amount in question totals just over £500.
I have been asked for my opinion, but I am far from certain. The consultant was their only contact at the agency and they only undertook the work on the understanding that the agreed rate was paid: they wouldn't have considered it at the lower rate. I think that the agency have to pay them the agreed rate and that it will come down to who seems the most believable in court, but I would welcome the opinion of those more experienced than I.
A recent query was fudged and this aroused their suspicion so they emailed asking for confirmation. The agency is now stating that the rate for the contract is £3 per hour less for both basic and overtime hours and that this will not be varied.
The consultant responsible for promising the original rate has conceded that they made a mistake (the truth, of course, is that they deliberately misled), but is now suggesting that it was a misunderstanding and that they will not pay the promised rate.
The amount in question totals just over £500.
I have been asked for my opinion, but I am far from certain. The consultant was their only contact at the agency and they only undertook the work on the understanding that the agreed rate was paid: they wouldn't have considered it at the lower rate. I think that the agency have to pay them the agreed rate and that it will come down to who seems the most believable in court, but I would welcome the opinion of those more experienced than I.
Edited by GC8 on Monday 20th July 11:49
GC8 said:
Over 21 and the rate is well in excess of the NMW.
£3 ph is not in excess of the minimum wage unless an apprentice.https://www.gov.uk/national-minimum-wage-rates
Edited by PurpleMoonlight on Monday 20th July 11:44
IANAL but I did start out in recruitment as a temp consultant but now work RPO and retained, thank goodness.
The Conduct of Employment Agencies and Employment Businesses Regulations 2003 requires all assignments to be confirmed in writing prior to the temp starting on contract. If the agency haven't done this, and they are registered with the REC, report them. These scum suckers at the bottom of the industry give us all a bad name and most real recruiters loathe them as much or even more than the poor souls they screw with.
Oh - and if the agency ever tell you/your friend that they won't pay without a signed timesheet, take them to the cleaners. That is no excuse for them to be in breach of contract (they employ you) and is designed only to protect their cash flow. They are obliged to pay for any hours you work and you only have to be able to prove you worked.
ETA - I forgot the name of the regulations. It's been a while since I worked in the agency world.
The Conduct of Employment Agencies and Employment Businesses Regulations 2003 requires all assignments to be confirmed in writing prior to the temp starting on contract. If the agency haven't done this, and they are registered with the REC, report them. These scum suckers at the bottom of the industry give us all a bad name and most real recruiters loathe them as much or even more than the poor souls they screw with.
Oh - and if the agency ever tell you/your friend that they won't pay without a signed timesheet, take them to the cleaners. That is no excuse for them to be in breach of contract (they employ you) and is designed only to protect their cash flow. They are obliged to pay for any hours you work and you only have to be able to prove you worked.
ETA - I forgot the name of the regulations. It's been a while since I worked in the agency world.
Edited by Pannywagon on Monday 20th July 12:41
Oh - and while I'm on my hobby horse - the AWR 2010 require parity between temps and F/T staff after 12 weeks on assignment.
As a temp you're entitled to parity on:
Rates of Pay, Holiday entitlement (if contractual holiday exceeds statutory entitlement) and other benefits such as performance related bonuses.
Excluded are: sick pay, maternity/paternity pay, redundancy, notice pay, payments related to pension entitlement, and bonuses not based on individual performance
As a temp you're entitled to parity on:
Rates of Pay, Holiday entitlement (if contractual holiday exceeds statutory entitlement) and other benefits such as performance related bonuses.
Excluded are: sick pay, maternity/paternity pay, redundancy, notice pay, payments related to pension entitlement, and bonuses not based on individual performance
Pannywaggon is correct, they must confirm the details of the job in writing (here: http://www.legislation.gov.uk/uksi/2003/3319/regul...
If the agency is an unscrupulous one they probably won't be members of the REC.
If the agency is an unscrupulous one they probably won't be members of the REC.
GC8 said:
A friend has been working for an employment agency on and off for the last few weeks. They were told very clearly that they would be paid a certain basic and overtime rate. This was clearly stated and referred to several times in conversations.
A recent query was fudged and this aroused their suspicion so they emailed asking for confirmation. The agency is now stating that the rate for the contract is £3 per hour less for both basic and overtime hours and that this will not be varied.
The consultant responsible for promising the original rate has conceded that they made a mistake (the truth, of course, is that they deliberately misled), but is now suggesting that it was a misunderstanding and that they will not pay the promised rate.
The amount in question totals just over £500.
I have been asked for my opinion, but I am far from certain. The consultant was their only contact at the agency and they only undertook the work on the understanding that the agreed rate was paid: they wouldn't have considered it at the lower rate. I think that the agency have to pay them the agreed rate and that it will come down to who seems the most believable in court, but I would welcome the opinion of those more experienced than I.
From past discussions with you if this is in the sector that I think it is in then the likelihood of this ending well for your friend are extremely slim as they prey on the naive and gullible like vultures with this tactic. Always get the rates confirmed in writing before taking on any assignment.A recent query was fudged and this aroused their suspicion so they emailed asking for confirmation. The agency is now stating that the rate for the contract is £3 per hour less for both basic and overtime hours and that this will not be varied.
The consultant responsible for promising the original rate has conceded that they made a mistake (the truth, of course, is that they deliberately misled), but is now suggesting that it was a misunderstanding and that they will not pay the promised rate.
The amount in question totals just over £500.
I have been asked for my opinion, but I am far from certain. The consultant was their only contact at the agency and they only undertook the work on the understanding that the agreed rate was paid: they wouldn't have considered it at the lower rate. I think that the agency have to pay them the agreed rate and that it will come down to who seems the most believable in court, but I would welcome the opinion of those more experienced than I.
Edited by GC8 on Monday 20th July 11:49
Looks to me like the agency were either very stupid or dishonest. I owned and ran an agency for over 20 years and we never had an incident like this. We always confirmed the rate in writing to both the worker and the client firm - even before this was a legal requirement.
I would sue the agency for the difference in rates. There is a good chance that they will concede when they see that the op's friend is serious.
I would sue the agency for the difference in rates. There is a good chance that they will concede when they see that the op's friend is serious.
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