The Advisory, Conciliation and Arbitration Service has published new guidance on agency workers’ rights after its helpline identified that at least one in four callers were not paid properly.
The food manufacturing and processing sector makes extensive use of agency workers for everything from pickers to line processors and packaging staff.
Callers to the helpline reported a range of issues regarding wages, including delays to payments, incorrect payments, or not receiving payment at all, Acas said.
The helpline received 10,754 calls in 2017 from agency workers, 3,150 from those complaining about payment.
The guidance comes as the government consults on the Taylor Review of modern employment practice, which closes on 9 May.
Tom Neil, Acas senior guidance adviser, said it was clear there were workers who were unsure about their rights at work. This could leave them unsure about their entitlements on pay, working hours and time off for holidays and sickness.
“Some agency workers complain about their pay being delayed because the employer has not paid the agency. Agencies should know that workers have a right to receive their wages whether or not the employer has paid the agency,” he explained.
Neil said the new “easy-to-understand” guide was designed to explain how the law applied to agency workers now, including pensions, parental rights and joining a trade union.
The guide points out that agency workers are entitled to be paid even if the agency has not been paid by the employer.
It also clarifies that in most stuations an agency worker must receive the same pay as those directly employed after a 12-week qualifying period.
Acas said it would update the guide if there were any future changes to the law.
No comments yet