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Agency Worker Regulations 2011- still paid less- legal?

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  • Agency Worker Regulations 2011- still paid less- legal?

    Hi

    I need a bit of clarity on something I can't find a definitive answer to through googling.

    I work for *** as a temp working project coordinator.

    My pay is £8.28 per hour minus a £1 per hour deduction for holiday pay. I accrue 28 days holiday in return for these holiday deductions. My take-home pay is thus £7.28 per hour. (Approx £14,000).

    My comparator in this job role is paid approx £16,000 per year.

    My recruitment agency has informed the temp workers here that we are not entitled to any rise in basic pay because we are currently paid the same as our comparators. (£8.28 an hour is equal to the salary of the permanent worker).

    My question is whether this conforms with the new AWR. Surely if my pay necessarily includes a deduction in order to obtain the holiday that perm workers get as standard, without a deduction, then this constitutes an infringment of the law which states I am to receive the same pay and holiday. I may receive the same pay, but If this was to remain as £8.28 and thus be equal, I would have no holiday entitlement whatsoever. I am thus forced into having a lower wage in order to obtain the same holiday.

    Does this conform to the new regulations?

    Many thanks if anyone can answer this.

    Josh
    Tags: None

  • #2
    Re: Agency Worker Regulations 2011- still paid less- legal?

    You are entitled to 5.6 weeks holiday, as you are probably aware. The following link should help you with your other issue:

    Can my employer deduct money from my wages? | Payroll News and advice from Payroll Help

    To me it reads that it would depend whether you agreed to the deduction in writing on starting the work. Have a read and see what you think.

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