Temp-to-Temp Fees

[YorkshirePud]

Hello all,

I'm new to the forum.

I recently started a short-term temporary placement. The job titles given was Front of House Executive and a short job description which pertained to that of a receptionist role. I interviewed and they only outlined duties in-line with that. I agreed to a wage of £13 an hour.

Then once I had agreed that I would take the role the agent told me holiday pay was included in that £13, which I wouldn't have ever agreed to pre-interview. I made a complaint about this and told them I did not work with ROH pay.

I started the job and immediately the person training me told me he was an Office Manager/Facilities Manager and receptionist. The duties outlined in my initial contract were totally different to what I agreed to. I told them my new pay expectation was £16 if they wanted to keep me.

The agent laid on emotional blackmail so thick, telling me she wouldn't get commission, that all previous temps had accepted what was essentially £12 an hour for an office manager role and saying that the company were maintaining the original job description, even though I was clearly being asked to do a whole lot more than reception duties.

I came down to £15 an hour (believing after our conversation that this would be £15 per hour plus holiday pay). She didn't even say thank you. Then they replied late on a Friday, after I had left the office and agreed to come down to £15 an hour and attaching a contract... they'd included holiday pay again. I was furious.

I made a formal complain to the agents manager and she basically just excused her worker, over and over again.

In the meantime, I was approached by three different members of staff at the Hiring company, asking me to return on a regular basis.

Because I didn't want to let the client down (and risk my reputation), I continued to work very hard for the client.

I went to check my timesheet and they didn't even get it approved, so I had to chase them at the last minute and get it pushed through. They even tried telling me that even though I had submitted my timesheet to them in good faith, that it was my job to find the hiring manager of the company and asked for it to be pushed through.

Needless to say, I will be asking for my P45 as soon as I have received all payments from this firm.

Asking someone with 24 years of high end office adminstration experience (including 7 plus years in office management) to work for £13.80 an hour is a joke, especially in London!

So, my question...

Can I give my CV to hiring company and ask them to contact me directly? Are the agency able to charge me anything? Or can I indicate the other agency I am signed with?

I'd love to know what will happen.

I will only ever work on temporary placements as I have another career that temping serves.

Many thanks in advance.

 

[NicoJ]

I'm not sure if they can charge you, but they can definitely charge the hirer if its within a certain time period.

@IanSuth posted on another question the exact rules. He's probably the best person to respond here.

 

[IanSuth]

ok 2 things here but before you read them be aware unless you are an au pair or in the theatrical profession it is totally illegal for an agency to charge you for work finding services or make any work finding services dependant upon taking up a service they can charge for (like CV writing) and has been since 1973

1 ROH is iffy to say the least. I left the industry 2 years ago but at the time it was only still legal as reed kept pushing the court case higher and higher up the chain with appeals. It makes the pay rate offered by an agency doing it appear higher than that of a competitor agency complying with best practice.

Saying that when you went in and started the job then assuming you had already had the contract for services it was a bit your fault.

2. The law on temp to temp / temp to perm transfers is quite clear 14 weeks from the start of the contract or 8 from the end whichever is later is the legal max the agency can put in their terms. They also have to include an option of an extended period of hire at the same terms as an alternative to paying the fee. If this is not included then they can't enforce and transfer fee (this would not be in your contract but in the one the agency have with the employer).
see https://www.legislation.gov.uk/uksi/2003/3319/regulation/10/made

If you get on well with the hiring company ask them if they will show you the terms (or see if they are on the agency website as some are)

As an aside if you can see your agency is a member of the REC (recruitment & employment confederation) consider a complaint. They are pretty toothless (i say that as an ex local branch treasurer) but it may scare the agency manager enough to suddenly find some extra pay for you.

To give you an idea of costs (and these are rough approximations not exact)

Assume a £10 temp rate

Add holiday pay at an accrual of 1.12 (5.6 weeks needs to be accrued of 46.4 working weeks) = £11.21

Add employers NI 13.8 % = £12.75

Add pension and apprentice levy another 3.5% so 39p

£13.14

we used to charge temp rate plus 50% (but on higher rates as IT industry) so £10/15 which would only give a margin of £1.86ph so you can see why if you redo the sums without the 12% holiday accrual why some agencies like ROH especially if the consultants are on low base high commission based purely on margin earned.

 

[Newchodge]

ok 2 things here but before you read them be aware unless you are an au pair or in the theatrical profession it is totally illegal for an agency to charge you for work finding services or make any work finding services dependant upon taking up a service they can charge for (like CV writing) and has been since 1973

1 ROH is iffy to say the least. I left the industry 2 years ago but at the time it was only still legal as reed kept pushing the court case higher and higher up the chain with appeals. It makes the pay rate offered by an agency doing it appear higher than that of a competitor agency complying with best practice.

Saying that when you went in and started the job then assuming you had already had the contract for services it was a bit your fault.

2. The law on temp to temp / temp to perm transfers is quite clear 14 weeks from the start of the contract or 8 from the end whichever is later is the legal max the agency can put in their terms. They also have to include an option of an extended period of hire at the same terms as an alternative to paying the fee. If this is not included then they can't enforce and transfer fee (this would not be in your contract but in the one the agency have with the employer).
see https://www.legislation.gov.uk/uksi/2003/3319/regulation/10/made

If you get on well with the hiring company ask them if they will show you the terms (or see if they are on the agency website as some are)

As an aside if you can see your agency is a member of the REC (recruitment & employment confederation) consider a complaint. They are pretty toothless (i say that as an ex local branch treasurer) but it may scare the agency manager enough to suddenly find some extra pay for you.

To give you an idea of costs (and these are rough approximations not exact)

Assume a £10 temp rate

Add holiday pay at an accrual of 1.12 (5.6 weeks needs to be accrued of 46.4 working weeks) = £11.21

Add employers NI 13.8 % = £12.75

Add pension and apprentice levy another 3.5% so 39p

£13.14

we used to charge temp rate plus 50% (but on higher rates as IT industry) so £10/15 which would only give a margin of £1.86ph so you can see why if you redo the sums without the 12% holiday accrual why some agencies like ROH especially if the consultants are on low base high commission based purely on margin earned.

ROH?

 

[IanSuth]

ROH?

rolled up holiday

they tell you £11ph and it is actually more like £9.80 with your holiday accrual paid to you each hour on top to equal £11 and nothing if you take time off

 

[Newchodge]

rolled up holiday

they tell you £11ph and it is actually more like £10 with your holiday accrual paid to you each hour on top to equal £11 and nothing if you take time off

Isn't that RUH? Logically?

Have you any idea how Harpur Trust and Brazell affects agency staff?

 

[IanSuth]

I went to check my timesheet and they didn't even get it approved, so I had to chase them at the last minute and get it pushed through. They even tried telling me that even though I had submitted my timesheet to them in good faith, that it was my job to find the hiring manager of the company and asked for it to be pushed through.

Needless to say, I will be asking for my P45 as soon as I have received all payments from this firm.

Specifically with regard to this bit

2. An employment business shall not, in respect of a work-seeker whom it supplies to a hirer, withhold or threaten to withhold from the work-seeker (whether by 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 any of the following grounds—

(a)non-receipt of payment from the hirer in respect of the supply of any service provided by the employment business to the hirer;

(b)the work-seeker’s failure to produce documentary evidence authenticated by the hirer of the fact that the work-seeker has worked during a particular period of time, provided that this provision shall not prevent the employment business from satisfying itself by other means that the work-seeker worked for the particular period in question;

(c)the work-seeker not having worked during any period other than that to which the payment relates; or

(d)any matter within the control of the employment business.

 

[IanSuth]

Isn't that RUH? Logically?

Have you any idea how Harpur Trust and Brazell affects agency staff?

I am pretty sure ROH is the abbreviation a large agency started using and sort of became standard (no idea why )

Have been out 2 years so have not read the info on how Harpur vs Brazell affects

 

[IanSuth]

Isn't that RUH? Logically?

Have you any idea how Harpur Trust and Brazell affects agency staff?

REC backs plan to rectify holiday pay unfairness to help workers and companies

REC backs plan to rectify holiday pay unfairness to help workers and companies

www.rec.uk.com

That appears to be the latest

 

[Newchodge]

REC backs plan to rectify holiday pay unfairness to help workers and companies

REC backs plan to rectify holiday pay unfairness to help workers and companies

www.rec.uk.com

That appears to be the latest

Thanks. The consultation has now closed. I like the way they say Harpur Trust has introduced uncertainty. The primary thing it has done is introduce absolute certainty. I doubt there will be any change following the consultation from this government- it will need legislation and there isn't time.

 

[IanSuth]

Thanks. The consultation has now closed. I like the way they say Harpur Trust has introduced uncertainty. The primary thing it has done is introduce absolute certainty. I doubt there will be any change following the consultation from this government- it will need legislation and there isn't time.

What it will do is reduce the number of agencies doing PAYE temp with people either doing perm/ FTC's or shove the temps off to an umbrella that will ignore H vs B and just shut down if a liability arises