Available and willing to work, and Pay
Available and willing to work, and Pay
Author
Discussion

scirocco265

Original Poster:

421 posts

199 months

Thursday 13th June 2019
quotequote all
Have always been directly PAYE employed but recently started a 6 month contract employed by an agency working for a major employer.

My offer states day rate, position, start and end date of contract. I turned up on day one and, due to an admin error, couldn’t start so stayed at home waiting for the phone to ring to confirm that I could start. A week later I got the call and started. I know that if I was a “normal” employee then I’d be paid for these days as I was available and willing to work but agency say I do not qualify for any payment as I signed a “temporary worker assignment” and are relying on the following clauses:

5. REMUNERATION
5.1. The Company shall endeavour to achieve the minimum salary/rate sought by the Temporary Worker in Section B of this
Agreement and shall, in any event, obtain a rate not less than the current National Minimum Wage.
5.2. The Temporary Worker is not entitled to receive payment from the Company or Client for time not spent on Assignment

Any advice as to whether the normal payment rules apply or whether the temporary worker status affects this please.