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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44924
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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if you are employed by an agency. then a different agency takes

Customer Question

if you are employed by an agency. then a different agency takes over the site and offers you 6.40 ph and you are 16.00 with the first agency have they the right to fire you and take on european workers ( who will work for the national rate )
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. So you are officially an agency worker and has your contract with the first agency been formally terminated?

JACUSTOMER-soa5u3s4- :

yes

JACUSTOMER-soa5u3s4- :

although the first agency didnt know w e were all being laid off

JACUSTOMER-soa5u3s4- :

and I was under contract with them up to christmas

JACUSTOMER-soa5u3s4- :

are you still looking for info?

JACUSTOMER-soa5u3s4- :

sorry still waiting for reply will have to go please e mail [email protected], not sure if my david [email protected] registered

JACUSTOMER-soa5u3s4- :

dont want to leave if I get charged without an answer...

Expert:  Ben Jones replied 3 years ago.
Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice. If you are an agency worker then your rights will be somewhat limited.

In relation to pay, after completion of a 12-week qualifying period working for the new agency, you are entitled to the same basic working and employment conditions as you would have been entitled to for doing the same job had you been recruited by the end user.

So if a permanent employee doing the same job as you in the company gets paid more than you, once you have worked for 12 weeks in that position for the new agency, they will have to pay you at least the same as a permanent employee.

As you have started a new assignment with the new agency they can change your pay from what you used to receive from the old agency. However, as soon as this 12 week period elapses, even if you were only paid £6.40 to start with, they must increase your pay to match that of permanent workers doing the same job.

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

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