EMPLOYMENT
AGENCY STANDARDS
FREQUENTLY
ASKED QUESTIONS — AGENCY WORKERS
The questions and answers that follow are some of the ones we are
asked most often. If the answers you want are not here, please phone our enquiry
line on 0845 955 5105 or email us at eas@dti.gsi.gov.uk.
Can an
agency charge me for finding me work or for registering with them?
A fundamental principle of the Employment Agencies Act is that workers cannot be
charged for work finding services. The exceptions to this are the entertainment
and modelling sectors. Please phone the enquiry line if you have a query
relating to this area.
Can I
register with more than one agency?
Yes. There is no
limit on how many agencies you can register with.
The agency
says I am not allowed to work for the hirer I was placed with for several months
after I leave them is this true?
No. The legislation forbids an agency from putting any restrictions on you
working directly for the hirer whom you previously worked for. However, the
agency could prevent you being being supplied to the hirer by another agency. Please
phone the enquiry line if you have a query relating to this area.
What is a
temp to perm fee?
The agency's
contract with the hirer for supplying them temporary workers may contain what is
known in the industry as a temp to perm fee. This means that if the hirer wants
to take you on permanently, they may need to pay an additional fee to the
agency.
Your
booklets talk about Employment Agencies (EAs) and Employment Businesses (EBs)
– what is the difference?
An EA will
introduce you to hirers that you are going to work for permanently (or work for
on a fixed or short term contract). With this arrangement, your contract will be
with the hirer you go to work for and not with the agency.
An EB (commonly known as a Temp Agency) will place you with hirers to work but
your contractual relationship is with the EB and it is the EB that is
responsible for paying you.
I
know the difference between an Employment Agency (EA) and an Employment Business
(EB). Does it make any practical difference to me?
Yes. If your contract with an agency is on an EB basis, they must pay you
even if they have not been paid by the hirer themselves.
If your contract with the agency is on an EA basis, they have to pass on money
they receive on your behalf within 10 days of receiving it (unless you request
otherwise). However, if they don't get paid, they don't have to pay you.
How can I
tell if an agency is an Employment Agency or an Employment Business?
Most agencies will operate in both ways. You need to be sure what you are asking
them to do for you, i.e. find you permanent and temporary work, and be sure you
understand the contract that they ask you to sign.
Am I
entitled to the National Minimum Wage.
Probably. Most workers must be paid the National Minimum Wage. See the DTI's NMW
guidance. If you are not receiving the minimum wage, you can complain
to the Inland Revenue who enforce the legislation.
My agency
refuses to pay me holiday pay. Who should I talk to?
You can get advice
on problems concerning
holiday pay from ACAS.
You can read more about the Working Time Regulations in the DTI
guidance.
My agency
says I am not entitled to paid bank holidays, is this correct?
There is no statutory requirement for any worker (not just agency workers) to
receive paid bank holidays. The Working Time Regulations guidance has more on
this subject (see the link on the previous question)
Are agency
workers entitled to Statutory Sick Pay?
The Inland Revenue
offer this advice "There are various types of agency worker who may be
regarded as employees for Statutory Sick Pay purposes. If a worker is treated as
an employee for National Insurance contribution purposes, they will also be
treated as an employee for Statutory Sick Pay purposes."
The Department for Work and Pensions also has
guidance
on SSP.
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