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Making a Constructive Dismissal
Compensation for Unfair Dismissal
Employers, Employees and Maternity Leave
Absent From Work and Natural Disasters
Flexible Working in Employment
Employers With Employees Working From Home
Social Workers Licensing Requirements
Unpaid Internships and Employment Law
Hotel Cleaners Paid By Rooms Cleaned
Medical Evidence in Disciplinaries
Employee Giving Company Bad Name
Employer Access to Medical Records
Employment Checks for Minor Criminal Convictions
Legal Issues Working With Children and Vulnerable Adults
Child Abuse Overseas UK Employment Law
British Workers Rights Over Foreigners
Blacklisting Trade Union Members
Employment Agency Withholding Pay
Employment Agency Withholding Pay
Building Work Health and Safety
Driving for a Living and the Law
The Conduct of Employment Agencies and Employment Businesses Regulations 2003 prohibit employment businesses from withholding payment to work-seekers in certain circumstances. For the purposes of the regulations an “employment business” is a business that employs or engages work-seekers under a contract who in turn works under the supervision of another person. This practice is often referred as “temping”.
An employment business is not allowed to withhold from a work-seeker the whole or any part of any payment in respect of any work done by the work-seeker on any of the following grounds:
The fact that a hirer has not paid the employment business is not a lawful ground for which the employment business can withhold payment to a work-seeker.
Ordinarily an employment business will require a work-seeker to complete timesheets confirming the hours worked by that work-seeker. Normally an employment business will require the work-seeker to ensure that the timesheet is signed by the hirer at the end of each day or at the end of each week.
Quite often in practice hirers refuse to sign timesheets where, for example, they are not happy with the standard of work carried out by a work-seeker. However, a hirer’s refusal to sign a timesheet is not a lawful ground for an employment business to withhold payment to a work-seeker. In such circumstances the employment business should satisfy itself by other means that the work-seeker worked for the particular period in question, for example by asking the hirer, interviewing other workers on the site or by checking any site diary kept by the hirer.
There is nothing in the regulations which would prevent an employment business from delaying payment to a work-seeker while it makes inquiries to verify the hours worked by the work-seeker. However, in such circumstances payment should only be delayed for a relatively short period of time.
If the work-seeker claims to have worked more hours than he actually worked then there is nothing in the regulations which would prevent an employment business from withholding payment in respect of the hours claimed which were not actually worked.
If a work-seeker is late for work or did not work a full week or did not work for a minimum amount of hours stipulated by the hirer, the employment business is still required to pay the work-seeker for the hours which they did work and cannot penalise the work-seeker, for example, by paying him a lower rate for the hours worked or by refusing to pay him at all.
Any matter within the control of an employment business will usually refer to the employment business’ payroll system. If, for example, an employment business makes an administrative error with its payroll resulting in a work-seeker being underpaid, the employment business’ failure to correct the error within a reasonable period of time will amount to a breach of the regulations.
An employment business is also prohibited from threatening to withhold from a work-seeker (whether by the means of the inclusion of a term in a contract with the work-seeker or otherwise) the whole or any part of any payment in respect of any work done by the work-seeker on the grounds set out above.
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