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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 10384
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work as a service provider, my own limited company, via an

Customer Question

I work as a service provider, my own limited company, via an employment business (who pays my wages) to an end client who verifies hours worked.
The employment company did not supply me with a contract prior to starting work with the end client. There were clauses in the contract that I was not happy with so I did not sign the contract. The employment business is trying to enforce the contract as per Clause 2.1 that states:-
The agreement is deemed to have been accepted by the Service Provider with effect from the date of an introduction and shall remain in force for the period detailed in the relevant schedule unless terminated in accordance with Clause 9
I believe I should have had a contract prior to starting work under the Conduct of Employment Agencies and Employment Regulations 2003 therefor the contract is not enforceable
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
Could you please explain the situation in more detail.
Did you tell them that you did not agree with clauses in the contract or did you just fail to sign it?
Why is it important that this contract is not in place?
Customer: replied 1 year ago.
told them that I was not happy with clause, and did not sign whilst I checked them out.
They failed to pay me on time as per contract and used the end client as an excuse, they lied to me on the phone the told a work colleague that I was on more pay than them
I resigned verbally and was taken on with another employment agency, they supplied a contract prior to me commencing work with the same end client There is now a dispute regarding weather I can work for the end client.
I still have not receive pay for hours worked and verified by the end client prior to my resignation
Expert:  taratill replied 1 year ago.
Ok so they are relying on restrictive covenant clauses in the original agreement?
Customer: replied 1 year ago.
I am arguing that the contract is illegal, as code of conduct states that a contract should be issued to the work seekers as soon as a work seeker is introduced to the end client, that would be well before the start of employment, and I cannot work under a contract that I did not receive until after I started work. In addition to this they did not pay me in a timely manner as promised and still owe me money. As far as I can see the only restrictive covenant is protecting their commercial intrest and be able to apply a charge if changing Employment Business or working directly for the end client
Expert:  taratill replied 1 year ago.
Hi with reference to the Regulations where have you seen that it states that the contract must be given prior to starting work?
Customer: replied 1 year ago.
conduct of employment agencies and employment regulations 2003Requirement to obtain agreement to terms with work-seekers14.—(1) Subject to paragraph (7), before first providing any work-finding services to a work-seeker, an agency or employment business shall obtain the agreement of the work-seeker to the terms which apply or will apply as between the agency or employment business and the work-seeker including—
(a)whether the agency or employment business will operate as an employment agency or an employment business in relation to the work-seeker; .
(b)the type of work the agency or employment business will find or seek to find for the work-seeker; and .
(c)in the case of an employment business, the terms referred to in regulation 15, and in the case of an agency which is to provide any work-finding services mentioned in regulation 16, the terms referred to in that regulation. .
(2) Subject to paragraph (3), an agency or employment business shall ensure that —
(a)all terms in respect of which the agency or employment business has obtained a work-seeker’s agreement are recorded in a single document, or where this is not possible, in more than one document; and .
(b)copies of all such documents are given at the same time as each other by the agency or employment business to the work-seeker with whom they are agreed before the agency or employment business provides any services to the work-seeker to which the terms contained in such documents relate. .
(3) Paragraph (2) shall not apply in the case of an employment business where the work-seeker has been given a written statement of particulars of employment in accordance with Part I of the Employment Rights Act 1996(1).
(4) Neither an agency nor an employment business may vary any terms set out in a document issued in accordance with paragraph (2), unless the work-seeker to whom they relate agrees to the variation.
(5) If the agency or employment business and the work-seeker agree to any variation in the terms set out in the documents referred to in paragraph (2), the agency or employment business shall as soon as possible and in any event no later than the end of the fifth business day following the day on which the agency or employment business and the work-seeker agree to the variation give to the work-seeker a single document containing details of the terms as agreed to be varied and stating the date on or after which it is agreed that the varied terms are to take effect.
(6) Neither an agency nor an employment business may make the continued provision of any services by it to a work-seeker conditional on the agreement by the work-seeker to any such variation.
(7) This regulation shall not apply in the case of an agency where the only service provided by the agency to the work-seeker concerned is the provision of information to him in the form of a publication.Also inf on
https://www.crunch.co.uk/blog/small-business-advice/2013/07/09/the-conduct-of-employment-agencies-and-employment-businesses-regulations-2003/
Customer: replied 1 year ago.
An Employment Business must make sure temporary workers are:
•Paid for all the work they do (even if they have not received payment from the end-hirer; even if the temp hasn’t got a timesheet authorised by the hirer*; or the worker then leaves their employment.
•Paid holidays.
•Not forced to work longer than 48 hours per week.
•Paid at least the national minimum wage.
•Protected under health and safety laws.
•Given written terms of employment before they start to find work for them
Expert:  taratill replied 1 year ago.
Hi please can you bear with me whilst I look for caselaw on this? It is clear that there is a breach of the regulations what is not clear looking at regulation 31 is whether some of the terms are enforceable regardless of the breach. Can you tell me if you have now been paid all outstanding monies.
Customer: replied 1 year ago.
no there is still outstanding monies the time sheets have been authorised by the end client
Expert:  taratill replied 1 year ago.
How much do they owe you?
Customer: replied 1 year ago.
Not by my office computer until tomorrow but circa £2k
Customer: replied 1 year ago.
and the first payment was 4 days late (by contract terms) and i was underpaid
Customer: replied 1 year ago.
they had from the 23/9/15 when I accepted the job until the 5/10/15 when I started to get the contract to me, I did not receive it until the evening of the 8/10/15. In my opinion there are several condititions in it that contravene the regulations, a underhand way of putting into a contract items that a workseeker would not sign up to had they the contract prior to starting work.
Expert:  taratill replied 1 year ago.
Hi Stuart I had to go offline for a while last night.
Do you have a copy of the contract?

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