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645-53
If an employee claims breach of contract and they cannot solve things informally with their employer, they may be able to take their case to a civil court or an employment tribunal (or an industrial tribunal in Northern Ireland).
645
Changing an employment contract
53
4,760
4,989
645-54
Their employer may be able to make a counter-claim.
645
Changing an employment contract
54
4,990
5,041
645-55
Claims and counter-claims can only go to a tribunal if they:
645
Changing an employment contract
55
5,042
5,102
645-56
are related to an employment contract issue
645
Changing an employment contract
56
5,103
5,146
645-57
still have not been solved when the employee ends their employment
645
Changing an employment contract
57
5,147
5,213
645-58
The claim or counter-claim cannot be related to a personal injury, or certain types of contract term like intellectual property rights.
645
Changing an employment contract
58
5,214
5,349
645-59
Time limits
645
Changing an employment contract
59
5,350
5,361
645-60
Usually, employees must make a claim to a tribunal within 3 months of ending their employment. The employer gets 6 weeks from receiving a copy of the claim to decide whether to make a counter-claim.
645
Changing an employment contract
60
5,362
5,560
645-61
Compensation limits
645
Changing an employment contract
61
5,561
5,580
645-62
If the tribunal agrees with the employee’s claim, they may award compensation. This can only be for financial loss (for example, non-payment of wages) up to a maximum of £25,000.
645
Changing an employment contract
62
5,581
5,759
646-0
When you're an agency worker
646
Your rights as an agency worker
0
0
28
646-1
You’re an agency worker if you have a contract with an agency but you work temporarily for a hirer. Agencies can include recruitment agencies, for example ‘temp agencies’.
646
Your rights as an agency worker
1
29
200
646-2
You’re also an agency worker if you look for work through entertainment and modelling agencies.
646
Your rights as an agency worker
2
201
296
646-3
You’re not an agency worker if you use an agency to find permanent or fixed-term employment. Check with the company that hired you.
646
Your rights as an agency worker
3
297
428
646-4
Contact ACAS if you’re unsure if you’re an agency worker.
646
Your rights as an agency worker
4
429
486
646-5
Fees
646
Your rights as an agency worker
5
487
491
646-6
Recruitment agencies cannot charge you a fee for finding or trying to find you work.
646
Your rights as an agency worker
6
492
576
646-7
They can charge you for certain services, for example CV writing, training or transport. You have the right to cancel these as long as you give notice.
646
Your rights as an agency worker
7
577
728
646-8
If any agency offers you services it:
646
Your rights as an agency worker
8
729
766
646-9
must give you full written details of the fee and conditions before charging you - including details of your right to cancel and the notice period
646
Your rights as an agency worker
9
767
913
646-10
cannot make you use these services as a condition for finding you work
646
Your rights as an agency worker
10
914
984
646-11
There are different rules for entertainment and modelling agencies.
646
Your rights as an agency worker
11
985
1,052
646-12
When you want to cancel a service
646
Your rights as an agency worker
12
1,053
1,086
646-13
You can cancel paid services without a penalty. You must give a minimum of:
646
Your rights as an agency worker
13
1,087
1,162
646-14
10 working days’ written notice to the agency to cancel living accommodation
646
Your rights as an agency worker
14
1,163
1,239
646-15
5 working days’ notice for all other services, such as training courses
646
Your rights as an agency worker
15
1,240
1,311
646-16
You can complain to Acas if you think your agency has unfairly charged you or it will not refund you during the notice period.
646
Your rights as an agency worker
16
1,312
1,438
646-17
What your agency must give you
646
Your rights as an agency worker
17
1,439
1,469
646-18
Your agency must give you information about the work they’re trying to find you.
646
Your rights as an agency worker
18
1,470
1,550
646-19
Before you’re offered a job
646
Your rights as an agency worker
19
1,551
1,578
646-20
Before looking for work for you, your agency must give you:
646
Your rights as an agency worker
20
1,579
1,638
646-21
a key information document
646
Your rights as an agency worker
21
1,639
1,665
646-22
written terms of engagement - often known as a contract
646
Your rights as an agency worker
22
1,666
1,721
646-23
Key information document
646
Your rights as an agency worker
23
1,722
1,746
646-24
The key information document is a short explanation of how you’ll be paid and what deductions will be applied.
646
Your rights as an agency worker
24
1,747
1,857
646-25
It must include:
646
Your rights as an agency worker
25
1,858
1,874
646-26
the minimum rate of pay you can expect
646
Your rights as an agency worker
26
1,875
1,913
646-27
a sample payslip giving an estimate of your take home pay after things like National Insurance, Income Tax or private healthcare
646
Your rights as an agency worker
27
1,914
2,042
646-28
who is paying you
646
Your rights as an agency worker
28
2,043
2,060
646-29
if you have any fees to pay
646
Your rights as an agency worker
29
2,061
2,088
646-30
if you’re entitled to any benefits
646
Your rights as an agency worker
30
2,089
2,123
646-31
Your agency does not have to give you a key information document if you’ve already agreed terms of engagement with them before 6 April 2020.
646
Your rights as an agency worker
31
2,124
2,264
646-32
Terms of engagement
646
Your rights as an agency worker
32
2,265
2,284
646-33
The written terms of engagement should include:
646
Your rights as an agency worker
33
2,285
2,332
646-34
whether you’re employed under a contract for services or a contract of employment
646
Your rights as an agency worker
34
2,333
2,414
646-35
your notice period
646
Your rights as an agency worker
35
2,415
2,433
646-36
your pay
646
Your rights as an agency worker
36
2,434
2,442
646-37
your holiday entitlement
646
Your rights as an agency worker
37
2,443
2,467
646-38
An agency cannot change your terms and conditions without telling you. If you agree to changes, you must be given a new document with the full details of the changes and the date they changed.
646
Your rights as an agency worker
38
2,468
2,660
646-39
An agency cannot give information about you to any third parties (including current employers or hirers) without your permission.
646
Your rights as an agency worker
39
2,661
2,790
646-40
When you’re offered a job
646
Your rights as an agency worker
40
2,791
2,816
646-41
The agency must give you a written statement that tells you:
646
Your rights as an agency worker
41
2,817
2,877
646-42
your start date
646
Your rights as an agency worker
42
2,878
2,893
646-43
how long the contract is likely to last
646
Your rights as an agency worker
43
2,894
2,933
646-44
the type of work
646
Your rights as an agency worker
44
2,934
2,950
646-45
about any expenses you may have to pay
646
Your rights as an agency worker
45
2,951
2,989
646-46
the location
646
Your rights as an agency worker
46
2,990
3,002
646-47
your hours
646
Your rights as an agency worker
47
3,003
3,013
646-48
about any health and safety risks
646
Your rights as an agency worker
48
3,014
3,047
646-49
about any experience, training or qualifications needed for the role
646
Your rights as an agency worker
49
3,048
3,116
646-50
Equal treatment
646
Your rights as an agency worker
50
3,117
3,132
646-51
From the day you start work you have a worker’s employment rights.
646
Your rights as an agency worker
51
3,133
3,199
646-52
You also have the same rights as your permanent colleagues to use any shared facilities and services provided by your employer, for example:
646
Your rights as an agency worker
52
3,200
3,340
646-53
a canteen or food and drinks machines
646
Your rights as an agency worker
53
3,341
3,378
646-54
a workplace creche or mother and baby room
646
Your rights as an agency worker
54
3,379
3,421
646-55
car parking or transport services, like a local pick-up service or transport between sites
646
Your rights as an agency worker
55
3,422
3,512
646-56
Rights after 12 weeks
646
Your rights as an agency worker
56
3,513
3,534
646-57
After 12 weeks in the job you qualify for the same rights as someone employed directly. This is known as ‘equal treatment’.
646
Your rights as an agency worker
57
3,535
3,658
646-58
Your rights include:
646
Your rights as an agency worker
58
3,659
3,679
646-59
‘equal pay’ - the same pay as a permanent colleague doing the same job
646
Your rights as an agency worker
59
3,680
3,750
646-60
automatic pension enrolment
646
Your rights as an agency worker
60
3,751
3,778
646-61
paid annual leave
646
Your rights as an agency worker
61
3,779
3,796
646-62
How to count your 12 week period
646
Your rights as an agency worker
62
3,797
3,829
646-63
Start counting your 12 week qualifying period from your first day at work.
646
Your rights as an agency worker
63
3,830
3,904
646-64
You do not have to be at work for 12 weeks in a row - some types of leave count and there can be breaks.
646
Your rights as an agency worker
64
3,905
4,009
646-65
Do not count days on sick leave or a break
646
Your rights as an agency worker
65
4,010
4,052
646-66
The qualifying period will pause for sick leave or breaks. Do not count the days when:
646
Your rights as an agency worker
66
4,053
4,139
646-67
you take a break of 6 weeks or less
646
Your rights as an agency worker
67
4,140
4,175
646-68
you’re on leave due to sickness or injury for up to 28 weeks
646
Your rights as an agency worker
68
4,176
4,236
646-69
you take annual leave you’re entitled to
646
Your rights as an agency worker
69
4,237
4,277
646-70
the workplace closes, for example for Christmas or industrial action
646
Your rights as an agency worker
70
4,278
4,346
646-71
you’re on jury service for up to 28 weeks
646
Your rights as an agency worker
71
4,347
4,388
646-72
Count time off for pregnancy, paternity or adoption
646
Your rights as an agency worker
72
4,389
4,440
646-73
Your 12 week qualifying period will continue through time off you have for:
646
Your rights as an agency worker
73
4,441
4,516
646-74
pregnancy and up to 26 weeks after childbirth
646
Your rights as an agency worker
74
4,517
4,562
646-75
adoption leave
646
Your rights as an agency worker
75
4,563
4,577
646-76
paternity leave
646
Your rights as an agency worker
76
4,578
4,593
646-77
If your leave is more than 12 weeks you’ll qualify for equal treatment when you return to work.
646
Your rights as an agency worker
77
4,594
4,689
646-78
Start from zero for a new job or role
646
Your rights as an agency worker
78
4,690
4,727
646-79
Your 12 weeks will start again if you:
646
Your rights as an agency worker
79
4,728
4,766
646-80
get a new job at a different workplace
646
Your rights as an agency worker
80
4,767
4,805
646-81
have a break of more than 6 weeks between jobs at the same workplace
646
Your rights as an agency worker
81
4,806
4,874
646-82
stay at your workplace but take a new role that’s ‘substantively different’
646
Your rights as an agency worker
82
4,875
4,950
646-83
A substantively different role is one that’s completely new, different work. It could be a combination of different:
646
Your rights as an agency worker
83
4,951
5,067
646-84
skills, or requiring new training
646
Your rights as an agency worker
84
5,068
5,101
646-85
pay rate
646
Your rights as an agency worker
85
5,102
5,110
646-86
location
646
Your rights as an agency worker
86
5,111
5,119
646-87
working hours
646
Your rights as an agency worker
87
5,120
5,133
646-88
Pay
646
Your rights as an agency worker
88
5,134
5,137
646-89
You’re entitled to the National Minimum Wage for all the hours you work, even if you have not recorded them on a timesheet.
646
Your rights as an agency worker
89
5,138
5,261