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646-90
After 12 weeks you’re entitled to be paid the same as a permanent employee doing the same job.
646
Your rights as an agency worker
90
5,262
5,356
646-91
If your agency withholds your pay
646
Your rights as an agency worker
91
5,357
5,390
646-92
Your agency can delay paying you while they get proof of the hours you worked, but only for a reasonable period of time.
646
Your rights as an agency worker
92
5,391
5,511
646-93
Your agency cannot refuse to pay you because your hirer’s unhappy with your work - this is a contractual issue between your agency and the hirer.
646
Your rights as an agency worker
93
5,512
5,657
646-94
You can make a claim to an employment tribunal if your agency is refusing to pay you.
646
Your rights as an agency worker
94
5,658
5,743
646-95
If you’ve opted out of the right to equal pay
646
Your rights as an agency worker
95
5,744
5,789
646-96
Your agency should contact you to explain that after 12 weeks you’re entitled to the same pay as a permanent employee doing the same job.
646
Your rights as an agency worker
96
5,790
5,927
646-97
Maternity rights
646
Your rights as an agency worker
97
5,928
5,944
646-98
You may be able to get Statutory Maternity Pay, but you cannot get Statutory Maternity Leave.
646
Your rights as an agency worker
98
5,945
6,038
646-99
As an agency worker, you have employee’s pregnancy rights after working in your role for 12 weeks.
646
Your rights as an agency worker
99
6,039
6,137
646-100
It’s illegal to discriminate against you on the grounds that:
646
Your rights as an agency worker
100
6,138
6,199
646-101
you’re pregnant
646
Your rights as an agency worker
101
6,200
6,215
646-102
you’ve given birth in the last 6 months
646
Your rights as an agency worker
102
6,216
6,255
646-103
you’re breastfeeding
646
Your rights as an agency worker
103
6,256
6,276
646-104
It’s discrimination if your:
646
Your rights as an agency worker
104
6,277
6,305
646-105
agency refuses to place you in a job
646
Your rights as an agency worker
105
6,306
6,342
646-106
hirer refuses to hire you
646
Your rights as an agency worker
106
6,343
6,368
646-107
job was terminated because you’re pregnant
646
Your rights as an agency worker
107
6,369
6,411
646-108
agency refuses to keep you on its books
646
Your rights as an agency worker
108
6,412
6,451
646-109
agency offers you only short jobs and gives longer ones to other agency workers
646
Your rights as an agency worker
109
6,452
6,531
646-110
hirer will not let you come back after having leave due to maternity
646
Your rights as an agency worker
110
6,532
6,600
646-111
Contact Acas if you believe you’ve been discriminated against.
646
Your rights as an agency worker
111
6,601
6,663
646-112
If there’s a risk to your health
646
Your rights as an agency worker
112
6,664
6,696
646-113
Your hirer should make reasonable adjustments so you can do your job. If this isn’t possible your agency must find you alternative work or pay you at the same rate for the expected length of your contract.
646
Your rights as an agency worker
113
6,697
6,902
646-114
Antenatal care
646
Your rights as an agency worker
114
6,903
6,917
646-115
After 12 weeks in the job you can get paid time off to go to ‘antenatal care’ if you cannot arrange it outside working hours.
646
Your rights as an agency worker
115
6,918
7,043
646-116
Antenatal care includes antenatal classes, appointments and parenting classes if they’ve been recommended by a doctor or midwife.
646
Your rights as an agency worker
116
7,044
7,173
646-117
You must also be paid for the travel time if it’s during working hours.
646
Your rights as an agency worker
117
7,174
7,245
646-118
Entertainment agencies
646
Your rights as an agency worker
118
7,246
7,268
646-119
Entertainment agencies can charge you a fee:
646
Your rights as an agency worker
119
7,269
7,313
646-120
for finding you work, for example taking a commission (percentage fee) from your earnings
646
Your rights as an agency worker
120
7,314
7,403
646-121
to publish your details online or in a publication
646
Your rights as an agency worker
121
7,404
7,454
646-122
They must tell you in writing if a fee is involved.
646
Your rights as an agency worker
122
7,455
7,506
646-123
If they’re publishing your details
646
Your rights as an agency worker
123
7,507
7,541
646-124
Once you receive the contract, you have a 30-day ‘cooling off’ period when you:
646
Your rights as an agency worker
124
7,542
7,621
646-125
can cancel or withdraw from it without getting a penalty
646
Your rights as an agency worker
125
7,622
7,678
646-126
do not have to pay
646
Your rights as an agency worker
126
7,679
7,697
646-127
The agency must show you what it plans to publish about you before it’s published.
646
Your rights as an agency worker
127
7,698
7,780
646-128
You then have up to 7 days after the cooling off period to say if you do not want the information to be published. If you’re happy, you must pay after the 7 days.
646
Your rights as an agency worker
128
7,781
7,943
646-129
If the agency charged you but did not publish your name, you have the right to a refund for up to 60 days.
646
Your rights as an agency worker
129
7,944
8,050
646-130
Contact Acas if you believe you’ve been charged unfairly.
646
Your rights as an agency worker
130
8,051
8,108
646-131
Modelling agencies
646
Your rights as an agency worker
131
8,109
8,127
646-132
Fashion and photographic model agencies can charge you a fee for finding you work. They can take a commission (percentage fee) from your earnings.
646
Your rights as an agency worker
132
8,128
8,274
646-133
They can also charge a fee to publish your details online or in a publication. They cannot charge this fee to you upfront but they can take it from your earnings if they find you work.
646
Your rights as an agency worker
133
8,275
8,459
646-134
They must tell you in writing if a fee is involved.
646
Your rights as an agency worker
134
8,460
8,511
646-135
Contact Acas if you believe you’ve been charged unfairly.
646
Your rights as an agency worker
135
8,512
8,569
647-0
Overview
647
Understanding your pay
0
0
8
647-1
When you start work, your employer should tell you how much you’ll be paid and how often. They should also tell you:
647
Understanding your pay
1
9
125
647-2
the day or date you’ll be paid, for example each Friday or the last day of the month
647
Understanding your pay
2
126
210
647-3
how you’ll be paid, for example cash, cheque or bank transfer
647
Understanding your pay
3
211
272
647-4
If you’re an employee or ‘worker’ (not a contractor or freelancer), you have the right to a payslip, which shows:
647
Understanding your pay
4
273
386
647-5
your earnings before and after any deductions
647
Understanding your pay
5
387
432
647-6
the amount of any deductions that may change each time you’re paid, for example tax and National Insurance
647
Understanding your pay
6
433
539
647-7
the number of hours you worked, if your pay varies depending on time worked
647
Understanding your pay
7
540
615
647-8
You might need to know how to work out your weekly pay if you have to claim payments for redundancy or compensation from your employer.
647
Understanding your pay
8
616
751
647-9
Part-time workers
647
Understanding your pay
9
752
769
647-10
If you’re a part-time worker, you must get at least the same hourly pay rate as a full-time worker doing a similar job.
647
Understanding your pay
10
770
889
647-11
Working out your pay
647
Understanding your pay
11
890
910
647-12
Knowing how to work out your weekly pay is important because it’s used to work out how much you should get for:
647
Understanding your pay
12
911
1,022
647-13
redundancy pay and pay during time off for job-hunting if you’re made redundant
647
Understanding your pay
13
1,023
1,102
647-14
pay during your notice period when leaving a job
647
Understanding your pay
14
1,103
1,151
647-15
holiday pay
647
Understanding your pay
15
1,152
1,163
647-16
guarantee pay for work - you get this if your employer cannot provide you with work, but your contract says they have to pay you anyway
647
Understanding your pay
16
1,164
1,299
647-17
compensation awarded by Employment Tribunals
647
Understanding your pay
17
1,300
1,344
647-18
What you’re entitled to depends on your work status.
647
Understanding your pay
18
1,345
1,397
647-19
You do not need to calculate your weekly pay, if you’re paid weekly and your pay does not vary.
647
Understanding your pay
19
1,398
1,493
647-20
If your pay varies or you’re not paid weekly, you have to use a 12-week period for working it out.
647
Understanding your pay
20
1,494
1,592
647-21
The 12-week period
647
Understanding your pay
21
1,593
1,611
647-22
You can work out your weekly pay by getting an average figure for a 12-week period. The particular 12 weeks you use varies depending on what you’re calculating your pay for.
647
Understanding your pay
22
1,612
1,785
647-23
Redundancy
647
Understanding your pay
23
1,786
1,796
647-24
Use the 12 weeks up to the day you got your redundancy notice to work out your pay.
647
Understanding your pay
24
1,797
1,880
647-25
Notice pay
647
Understanding your pay
25
1,881
1,891
647-26
Use the 12 weeks up to the first day of the notice period to work out what your notice pay should be.
647
Understanding your pay
26
1,892
1,993
647-27
Paid annual leave
647
Understanding your pay
27
1,994
2,011
647-28
Work this out using the 12 weeks leading up to your holiday.
647
Understanding your pay
28
2,012
2,072
647-29
Guarantee payments
647
Understanding your pay
29
2,073
2,091
647-30
Use the 12 weeks leading up to when your payment is due. If you no longer work for that employer, use the last 12 weeks of your employment with them.
647
Understanding your pay
30
2,092
2,241
647-31
If you’ve worked for your employer for less than 12 weeks, you should be allowed to calculate your average weekly pay using:
647
Understanding your pay
31
2,242
2,366
647-32
the number of hours you would have worked
647
Understanding your pay
32
2,367
2,408
647-33
the hours of other workers doing a similar job for your employer
647
Understanding your pay
33
2,409
2,473
647-34
Working out your weekly figure
647
Understanding your pay
34
2,474
2,504
647-35
Add up the total amount of pay for the period and divide it by 12 to get the weekly figure. You do this even if you’ve had to use a period of more than 12 weeks.
647
Understanding your pay
35
2,505
2,666
647-36
You can also include bonuses.
647
Understanding your pay
36
2,667
2,696
647-37
Overtime
647
Understanding your pay
37
2,697
2,705
647-38
You can include overtime in your calculations if your contract says your employer has to pay it.
647
Understanding your pay
38
2,706
2,802
647-39
Work done for a previous employer
647
Understanding your pay
39
2,803
2,836
647-40
You can include pay for work done for a previous employer if you’re calculating your average weekly pay and you did not have a gap in employment when you changed jobs.
647
Understanding your pay
40
2,837
3,004
647-41
Get help with the calculations
647
Understanding your pay
41
3,005
3,035
647-42
You can get help to calculate a week’s pay from Acas (Advisory, Conciliation and Arbitration Service) or Citizens Advice.
647
Understanding your pay
42
3,036
3,157
647-43
Pay calculations if you work shifts or get bonuses
647
Understanding your pay
43
3,158
3,208
647-44
If your pay or working hours vary from week to week, the calculations for working out your weekly pay are more complicated.
647
Understanding your pay
44
3,209
3,332
647-45
Bonuses and commission
647
Understanding your pay
45
3,333
3,355
647-46
Your pay could vary depending on the amount of work you do, because of:
647
Understanding your pay
46
3,356
3,427
647-47
bonuses
647
Understanding your pay
47
3,428
3,435
647-48
commission
647
Understanding your pay
48
3,436
3,446
647-49
‘piece work’ - you’re paid by the amount of work you do, rather than by the hour
647
Understanding your pay
49
3,447
3,527
647-50
The 12-week period
647
Understanding your pay
50
3,528
3,546
647-51
If you get bonuses, commission or piece work, you’ll need to work out your average hourly rate over a 12-week period to work out your weekly pay.
647
Understanding your pay
51
3,547
3,692
647-52
Add up your total pay for the 12 weeks first. You can include overtime and bonuses. There are special calculations for bonuses.
647
Understanding your pay
52
3,693
3,820
647-53
Quarterly bonuses
647
Understanding your pay
53
3,821
3,838