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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 47595
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been employed by an agency since May 2010 and work

Customer Question

JA: Hi. What seems to be the problem?
Customer: I have been employed by an agency since May 2010 and work for a local authority. I was suspended on Oct 2016 due to an allegation of conspiracy to commit fraud. The allegations will be proved false as i did not and have never commited fraud. Issue is I therefore am not able to work as my agency state they cannot place me elsewhere due to this allegation even though it untrue an im just under investigation. Do i have any rights to pay? If i am placed they say they will have to disclose that i am under investigation so no one will hire me. I feel this is extremely unfair as im innocent and suddenly have no income or prospects for work for however long it takes for this investigation to take place which could be many months
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Sorry im based in London
JA: Is the employment agreement "at will," union, full time or part time?
Customer: contract with an agency but I work temporarily for an employer. Well have worked with same employer since May 2010 on this contract
JA: Anything else you want the lawyer to know before I connect you?
Customer: No jusy the above thanks
Submitted: 8 months ago.
Category: UK Employment Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 8 months ago.
Expert:  Ben Jones replied 8 months ago.

Hi there. Has the investigation begun and how long is it expected to last for?

Customer: replied 8 months ago.
I have no idea how long it is expected to last. It is a DWP investigation and i was bailed to return on 21 Jan 2017 but it will potentially be extended again.
Expert:  Ben Jones replied 8 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 8 months ago.
ok thank you
Expert:  Ben Jones replied 8 months ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 8 months ago.

Many thanks for your patience. Your rights are determined under The Agency Workers Regulations 2010, which provide that agency workers are entitled to the same pay and other “basic working conditions” as equivalent permanent staff.

So the key is whether the right to be paid during a period of suspension which employees would normally get, also extends to agency workers under the above legislation. It is indeed arguable that an agency worker is entitled to be paid during suspension if an employee would be in the same circumstances. That is because the equal rights in respect of pay could be interpreted to include all terms and conditions set out in an employee handbook or disciplinary procedure relating to pay during suspension. Saying that there is no case law I am aware of to confirm that and at present you only have an interpretation of the law to back you up rather than something specific in black and white. It is nevertheless something you can use in your argument to try and get paid by the employer for this period of suspension.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the options you have on taking this further if they refuse to pay you. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 8 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 8 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.