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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50178
Experience:  Qualified Solicitor
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I am currently working at Sir Robert Alpines on a contract

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I am currently working at Sir Robert Alpines on a contract as a Temporary works Engineer , I come to work daily from 8.30am to 5.30pm 5 days a week , but there are weeks that there is almost no work despite me being hear all day , and I get paid Only for the hours I have entered into the time sheet- For example the week before I was paid less then £950 for 3 weeks -since I have 3 kid under age of 4 - I could have staid home and done alot of things instead of waiting for work and not getting paid - what are my options
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Are you and employee or self-employed and does your contract guarantee any hours of work
Customer: replied 2 years ago.

I haven't read my contract in detail I shall do that when i get back home,but when i first joined hear in March at the interview I was verbally told that it was going to be 37.5 hours per week with a min 6 months contract and following that I would be permanent . however after the 6 months nothing of such was spoken only that either party needed to give a weeks notice to leave

Okay if you could please check the contract and get back to me that would be great because it is important to know what its contents say. Thanks
Customer: replied 2 years ago.

My contract states

Hours of work : standard client hours of business as advised

Thank you so are you working through an agency, directly employed by the employer or self employed?
Customer: replied 2 years ago.

working through an agency

As an agency worker you would be entitled to receive the National Minimum Wage for anything which amount to working time. So you have to look at whether the time you have spent there amounts to working time then look at what you were paid in total and see if overall you were paid at least the NMW of £6.70 per hour. It does not mean that you have to be paid the same or at all for all the time over there, but overall you must be paid the NMW for anything that amounts to working time. It could well be that the time you are waiting and not working is not working time and that is not easy to establish. This is still be somewhat of a legal grey area. As far as the law is concerned, a worker is only entitled to be paid for time which amounts to 'working time', which according to the Working Time Regulations 1998 includes ‘any period during which a person is working, at his employer’s disposal and carrying out his activity or duties’. As you can see waiting time when not working is not specifically included in there so it comes down to an interpretation of whether it can be included in this definition. It could well be that it is not and it means you would not be paid for it or be able to include it in the calculation of the NMW. Unfortunately as an agency worker your rights are rather limited and you cannot argue that you are being treated unfairly and claim constructive dismissal for example, something which employees can do. You can of course raise an internal complaint but they could decide that you are not a fit for the company and simply refuse to work with you - as an agency worker they can remove you at any point, so this is the risk you run. This is your basic legal position. I have more detailed advice for you in terms of your options should you feel you are getting less than the NMW and wish to challenge that, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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