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Hi there - a quick query on which I hope people on this forum can help.

 

Currently employed via an agency placed with a company. Last week during severe storms in our part of the world, said agency said that I was not needed to travel to work because of the weather. Fair enough.

 

I've now discovered they won't pay me for the day in question.

 

Can they do this?

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Hello and welcome to CAG.

 

I'm sorry you haven't had any replies yet. Not everyone here [like myself] knows the answer to your question, but I would hope they will come along during today if they can.

 

Do you have a written agreement with the agency?

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hi HB

 

Yes, I have a contract with the agency, but I can't find anything that suggests I wouldn't be paid if a shift is cancelled by them (the agency.

 

I've been in situ since August 2011 and it's an 11-month placement (handy, eh?). I work alongside permanent colleagues who DID get paid for the shift, even though they had the same instruction as me.

 

All seems a bit iffy to me.

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Yes, as I understand it if you haven't worked the time you don't get paid.


The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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True agency workers have very differing rights to employees. The difference between the two (generally) in law is mutuality of obligation. You will probably find that the employees have set contractual hours with no lay off clause, therefore if there employer says we are not opening this week, they still must pay the contractual hours. Agency workers generally have no obligation to perform hours or be provided with them, therefore lacking that obligation mentioned earlier.

 

Your contract should have the answer, you may want to take it to a Citizens advice burea..........just remember, if you are agency you can usually be sacked (or just not given hours) very easily with little or no comeback, whether you have worked there 11 months or 5 years. True agency workers cant claim unfair dismissal after 12 months (I add this purely as you talked about 11 months).

 

There are new agency worker regs, giving you rights to equal pay and holidays come new year (some rights are already there e.g use of facilities), but I dont really know if they will help you if this happens in the new year, someone else may know or you can call ACAS. Also, many agencies are getting round this with sweedish derogation but this a different topic.

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