Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
Who is the contract you have officially between? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks
The agency is called The ********** in No*****, the company I work for is ***** Bakery in ****y. Initially the payment was as follows: (they work 4 days of 12 hours / day, after which they stay at home for 4 days, two weeks day shift with two weeks night shift); 11 pounds / hour day shift, if the shift includes Monday-Friday, and if I catch Saturday-Sunday the payment for these two days is 12 pounds / hour. For the night shift: 12 pounds / hour Monday-Friday, Saturday-Sunday 13 pounds / hour. Over time day shift 14.55 pounds / hour, night shift 15.55 pounds / hour Monday-Friday Saturday-Sunday night shift 24 pounds per hour. This was initially the case, and now the agency has unilaterally decided to pay me regardless of shift, days, overtime by 11 pounds per hour, although the Company sends them my salary in the amount mentioned above. Even if I still don't have a full-time direct contract with the company, they don't differentiate between workers, the pay being the same.
Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about this situation and any associated issues.
What the company pays the agency for you and what you receive from the agency is largely irrelevant because there will always be a difference. That is how agencies make money – they will take a cut from what the company pays them for the staff they provide.
Your rights will depend on the contract you have with the agency and the rate of pay that is stipulated in there. If they have changed these terms, without having the contractual right to do so, or without giving you appropriate notice, you can challenge that as a breach of contract.
Initially it would have to be dealt with internally, such as through a formal complaint, but eventually you could consider a claim in the Small Claims Court for the difference in pay until now (they can eventually change the terms with appropriate notice).
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.
ok thanks, ***** ***** be forwarded to the person you had a phone call with