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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44865
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My temp agency has been in discussions with my employer

Customer Question

Hello My temp agency has been in discussions with my employer about contracts, their solution was to give out a contract to work for the agency still on the same pay putting in a clause saying "you shall have no entitlement to rights conferred by Regulation 5 of the AWR insofar as those rights relate to pay". Can they do this as i was under the impression that the law stated the we "Temps" were entitled to the same rights and pay after a set time?
Submitted: 5 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

The AWR do contain a clause allowing the contracting out of the regulations but to be valid, in reality the affected workers have to satisfy the requirements that apply to settlement agreements. These include being advised by a qualified advisor, usually a solicitor, on the effects of the contracting out. This can also be done through ACAS if they are negotiating some kind of settlement between you and the employer. If it was just an agreement between you and the agency/employer then it is unlikely that on its own it would be legally standing as it would not have met the necessary criteria for it to be binding.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 4 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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