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646-90
After 12 weeks you’re entitled to be paid the same as a permanent employee doing the same job.
Your rights as an agency worker
646
90
136
true
646-91
If your agency withholds your pay
Your rights as an agency worker
646
91
136
true
646-92
Your agency can delay paying you while they get proof of the hours you worked, but only for a reasonable period of time.
Your rights as an agency worker
646
92
136
true
646-93
Your agency cannot refuse to pay you because your hirer’s unhappy with your work - this is a contractual issue between your agency and the hirer.
Your rights as an agency worker
646
93
136
true
646-94
You can make a claim to an employment tribunal if your agency is refusing to pay you.
Your rights as an agency worker
646
94
136
true
646-95
If you’ve opted out of the right to equal pay
Your rights as an agency worker
646
95
136
true
646-96
Your agency should contact you to explain that after 12 weeks you’re entitled to the same pay as a permanent employee doing the same job.
Your rights as an agency worker
646
96
136
true
646-97
Maternity rights
Your rights as an agency worker
646
97
136
true
646-98
You may be able to get Statutory Maternity Pay, but you cannot get Statutory Maternity Leave.
Your rights as an agency worker
646
98
136
true
646-99
As an agency worker, you have employee’s pregnancy rights after working in your role for 12 weeks.
Your rights as an agency worker
646
99
136
true
646-100
It’s illegal to discriminate against you on the grounds that:
Your rights as an agency worker
646
100
136
true
646-101
you’re pregnant
Your rights as an agency worker
646
101
136
true
646-102
you’ve given birth in the last 6 months
Your rights as an agency worker
646
102
136
true
646-103
you’re breastfeeding
Your rights as an agency worker
646
103
136
true
646-104
It’s discrimination if your:
Your rights as an agency worker
646
104
136
true
646-105
agency refuses to place you in a job
Your rights as an agency worker
646
105
136
true
646-106
hirer refuses to hire you
Your rights as an agency worker
646
106
136
true
646-107
job was terminated because you’re pregnant
Your rights as an agency worker
646
107
136
true
646-108
agency refuses to keep you on its books
Your rights as an agency worker
646
108
136
true
646-109
agency offers you only short jobs and gives longer ones to other agency workers
Your rights as an agency worker
646
109
136
true
646-110
hirer will not let you come back after having leave due to maternity
Your rights as an agency worker
646
110
136
true
646-111
Contact Acas if you believe you’ve been discriminated against.
Your rights as an agency worker
646
111
136
true
646-112
If there’s a risk to your health
Your rights as an agency worker
646
112
136
true
646-113
Your hirer should make reasonable adjustments so you can do your job. If this isn’t possible your agency must find you alternative work or pay you at the same rate for the expected length of your contract.
Your rights as an agency worker
646
113
136
true
646-114
Antenatal care
Your rights as an agency worker
646
114
136
true
646-115
After 12 weeks in the job you can get paid time off to go to ‘antenatal care’ if you cannot arrange it outside working hours.
Your rights as an agency worker
646
115
136
true
646-116
Antenatal care includes antenatal classes, appointments and parenting classes if they’ve been recommended by a doctor or midwife.
Your rights as an agency worker
646
116
136
true
646-117
You must also be paid for the travel time if it’s during working hours.
Your rights as an agency worker
646
117
136
true
646-118
Entertainment agencies
Your rights as an agency worker
646
118
136
true
646-119
Entertainment agencies can charge you a fee:
Your rights as an agency worker
646
119
136
true
646-120
for finding you work, for example taking a commission (percentage fee) from your earnings
Your rights as an agency worker
646
120
136
true
646-121
to publish your details online or in a publication
Your rights as an agency worker
646
121
136
true
646-122
They must tell you in writing if a fee is involved.
Your rights as an agency worker
646
122
136
true
646-123
If they’re publishing your details
Your rights as an agency worker
646
123
136
true
646-124
Once you receive the contract, you have a 30-day ‘cooling off’ period when you:
Your rights as an agency worker
646
124
136
true
646-125
can cancel or withdraw from it without getting a penalty
Your rights as an agency worker
646
125
136
true
646-126
do not have to pay
Your rights as an agency worker
646
126
136
true
646-127
The agency must show you what it plans to publish about you before it’s published.
Your rights as an agency worker
646
127
136
true
646-128
You then have up to 7 days after the cooling off period to say if you do not want the information to be published. If you’re happy, you must pay after the 7 days.
Your rights as an agency worker
646
128
136
true
646-129
If the agency charged you but did not publish your name, you have the right to a refund for up to 60 days.
Your rights as an agency worker
646
129
136
true
646-130
Contact Acas if you believe you’ve been charged unfairly.
Your rights as an agency worker
646
130
136
true
646-131
Modelling agencies
Your rights as an agency worker
646
131
136
true
646-132
Fashion and photographic model agencies can charge you a fee for finding you work. They can take a commission (percentage fee) from your earnings.
Your rights as an agency worker
646
132
136
true
646-133
They can also charge a fee to publish your details online or in a publication. They cannot charge this fee to you upfront but they can take it from your earnings if they find you work.
Your rights as an agency worker
646
133
136
true
646-134
They must tell you in writing if a fee is involved.
Your rights as an agency worker
646
134
136
true
646-135
Contact Acas if you believe you’ve been charged unfairly.
Your rights as an agency worker
646
135
136
true
647-0
Overview
Understanding your pay
647
0
110
true
647-1
When you start work, your employer should tell you how much you’ll be paid and how often. They should also tell you:
Understanding your pay
647
1
110
true
647-2
the day or date you’ll be paid, for example each Friday or the last day of the month
Understanding your pay
647
2
110
true
647-3
how you’ll be paid, for example cash, cheque or bank transfer
Understanding your pay
647
3
110
true
647-4
If you’re an employee or ‘worker’ (not a contractor or freelancer), you have the right to a payslip, which shows:
Understanding your pay
647
4
110
true
647-5
your earnings before and after any deductions
Understanding your pay
647
5
110
true
647-6
the amount of any deductions that may change each time you’re paid, for example tax and National Insurance
Understanding your pay
647
6
110
true
647-7
the number of hours you worked, if your pay varies depending on time worked
Understanding your pay
647
7
110
true
647-8
You might need to know how to work out your weekly pay if you have to claim payments for redundancy or compensation from your employer.
Understanding your pay
647
8
110
true
647-9
Part-time workers
Understanding your pay
647
9
110
true
647-10
If you’re a part-time worker, you must get at least the same hourly pay rate as a full-time worker doing a similar job.
Understanding your pay
647
10
110
true
647-11
Working out your pay
Understanding your pay
647
11
110
true
647-12
Knowing how to work out your weekly pay is important because it’s used to work out how much you should get for:
Understanding your pay
647
12
110
true
647-13
redundancy pay and pay during time off for job-hunting if you’re made redundant
Understanding your pay
647
13
110
true
647-14
pay during your notice period when leaving a job
Understanding your pay
647
14
110
true
647-15
holiday pay
Understanding your pay
647
15
110
true
647-16
guarantee pay for work - you get this if your employer cannot provide you with work, but your contract says they have to pay you anyway
Understanding your pay
647
16
110
true
647-17
compensation awarded by Employment Tribunals
Understanding your pay
647
17
110
true
647-18
What you’re entitled to depends on your work status.
Understanding your pay
647
18
110
true
647-19
You do not need to calculate your weekly pay, if you’re paid weekly and your pay does not vary.
Understanding your pay
647
19
110
true
647-20
If your pay varies or you’re not paid weekly, you have to use a 12-week period for working it out.
Understanding your pay
647
20
110
true
647-21
The 12-week period
Understanding your pay
647
21
110
true
647-22
You can work out your weekly pay by getting an average figure for a 12-week period. The particular 12 weeks you use varies depending on what you’re calculating your pay for.
Understanding your pay
647
22
110
true
647-23
Redundancy
Understanding your pay
647
23
110
true
647-24
Use the 12 weeks up to the day you got your redundancy notice to work out your pay.
Understanding your pay
647
24
110
true
647-25
Notice pay
Understanding your pay
647
25
110
true
647-26
Use the 12 weeks up to the first day of the notice period to work out what your notice pay should be.
Understanding your pay
647
26
110
true
647-27
Paid annual leave
Understanding your pay
647
27
110
true
647-28
Work this out using the 12 weeks leading up to your holiday.
Understanding your pay
647
28
110
true
647-29
Guarantee payments
Understanding your pay
647
29
110
true
647-30
Use the 12 weeks leading up to when your payment is due. If you no longer work for that employer, use the last 12 weeks of your employment with them.
Understanding your pay
647
30
110
true
647-31
If you’ve worked for your employer for less than 12 weeks, you should be allowed to calculate your average weekly pay using:
Understanding your pay
647
31
110
true
647-32
the number of hours you would have worked
Understanding your pay
647
32
110
true
647-33
the hours of other workers doing a similar job for your employer
Understanding your pay
647
33
110
true
647-34
Working out your weekly figure
Understanding your pay
647
34
110
true
647-35
Add up the total amount of pay for the period and divide it by 12 to get the weekly figure. You do this even if you’ve had to use a period of more than 12 weeks.
Understanding your pay
647
35
110
true
647-36
You can also include bonuses.
Understanding your pay
647
36
110
true
647-37
Overtime
Understanding your pay
647
37
110
true
647-38
You can include overtime in your calculations if your contract says your employer has to pay it.
Understanding your pay
647
38
110
true
647-39
Work done for a previous employer
Understanding your pay
647
39
110
true
647-40
You can include pay for work done for a previous employer if you’re calculating your average weekly pay and you did not have a gap in employment when you changed jobs.
Understanding your pay
647
40
110
true
647-41
Get help with the calculations
Understanding your pay
647
41
110
true
647-42
You can get help to calculate a week’s pay from Acas (Advisory, Conciliation and Arbitration Service) or Citizens Advice.
Understanding your pay
647
42
110
true
647-43
Pay calculations if you work shifts or get bonuses
Understanding your pay
647
43
110
true
647-44
If your pay or working hours vary from week to week, the calculations for working out your weekly pay are more complicated.
Understanding your pay
647
44
110
true
647-45
Bonuses and commission
Understanding your pay
647
45
110
true
647-46
Your pay could vary depending on the amount of work you do, because of:
Understanding your pay
647
46
110
true
647-47
bonuses
Understanding your pay
647
47
110
true
647-48
commission
Understanding your pay
647
48
110
true
647-49
‘piece work’ - you’re paid by the amount of work you do, rather than by the hour
Understanding your pay
647
49
110
true
647-50
The 12-week period
Understanding your pay
647
50
110
true
647-51
If you get bonuses, commission or piece work, you’ll need to work out your average hourly rate over a 12-week period to work out your weekly pay.
Understanding your pay
647
51
110
true
647-52
Add up your total pay for the 12 weeks first. You can include overtime and bonuses. There are special calculations for bonuses.
Understanding your pay
647
52
110
true
647-53
Quarterly bonuses
Understanding your pay
647
53
110
true