Temp worker weekly payment

[malakbaby]

Hello

 

I work for a recruitment company as an Administrator and get paid weekly, every Friday.

 

Due to the Easter holidays, I have only found out today that I will be receiving my pay for this week, not on Friday but next Tuesday, after the bank holiday.

 

The agency terms and conditions do not state anything about this matter, but do I have a legal right at all to be paid on Thursday?

Any advise or links to a source will be most appreciated.

 

Thanks

[zazen.warrior]

Usually an employer would pay earlier rather than later when something like this arises, although I'm not sure if this is a legal obligation.

 

I'm sure someone will be able to help you with the legal aspect in the morning.

 

Only we stressed insomniacs around at the mo

[Guest grizzleguts]

this is the industry standard, you have no grounds to complain, as it is the banks that have delayed you pay, not your company

[Sidewinder]

I have to respectfully disagree. If your contract says that payment will be made each Friday, or on the xxth of every month and there is no clause stating that in the event of either the Friday or the xxth falling on a Bank Holiday you will be paid late then the employer is in breach of contract. The fact that you are paid at specific intervals is enshrined in the Employment Rights Act, and the employer must have a contractual clause or agreement of the employee to vary the terms of payment. To not do so amounts to an unlawful deduction, even for a delay of three days.

 

It is standard practice for payment to be made early in such circumstances, and your employer would be liable for any out of pocket costs incurred as a consequence. Bank Holidays are foreseeable events and the employer should take steps to process payments earlier or consult with employees as to whether delaying payment is acceptable to them.

[Ell-enn]

Hi, I have to agree with Sidewinder - frankly I was surprised to read you won't get your pay until Tuesday. The agency I use for temporary staff always ask for the timesheets early at Easter and Christmas to enable them to pay the workers early. Similarly our payroll is run early when the monthy staff pay is due on a Saturday, Sunday or Bank holiday - it's not difficult to do and as Sidewinder said if your contract says you are to be paid on a Friday then your employer needs to take Good Friday, or any other holiday which falls on a Friday, into consideration and send the bacs payment in time.

 

You should take this up with your employer as a complaint and let us know what happens.

 

Kind Regards

 

Ell-enn

[Guest grizzleguts]

I would respectfully dis agree with the above, but to find out for sure, you would have to stand infront of a judge, and argue that the banks do not shut on bank holidays, or they are with holding your money otherwise unlawfully, and seeing as the agency would say its the banks fault, and the bank would say its a banks holiday, who would be to blame???

[Sidewinder]

who would be to blame???

 

Ultimately the employer. It is normally a contractual matter that employees are paid on a particular day. It is not difficult to make an addendum in the contract to specify "...except during a week where there is a Bank or Public holiday when wages will normally be paid one day later than usual". Not many do though.

 

Of course it would be very unlikely to end up at a Tribunal for the matter of a delay of just a day or two, but what if the employee's rent, mortgage, loan repayment or other regular transfer is not delayed due to there being a Bank Holiday?

 

you would have to stand infront of a judge, and argue that the banks do not shut on bank holidays, or they are with holding your money otherwise unlawfully, and seeing as the agency would say its the banks fault, and the bank would say its a banks holiday

 

Not at all. The argument would be that the employer could have processed their BACS transmission a day earlier in order to ensure that staff are paid on time. A BH is a foreseeable event and many employers would submit a BACS payroll earlier than usual to ensure payment, with any adjustments (overtime/short-time) being corrected in the following week.

 

The OP asked about legal right - how far this would be put to the test is up to her.