should the company i work for still pay me if?

Question

i work for a care agency as a live in carer the client i was working with passed away they now say they are activley seeking work for me as they are no other clients to work with but my contract states im paid on a week about basis and dont say nothink about not being paid if they dont have work for me its been several weeks and have now got a second job just so i have some money but should they still be paying me?

they are my employer and i cant get unemployment as im still classed as employed

Answer 1

Its all about black and white babe. If contract states you ought to be paid weekly, then it is how it should be. Period.

Answer 2

I'm afraid that if you're working for an agency it is normal for you only to get paid when you are working, unless there's something in your contract that clearly states you are employed on a different basis.

Essentially you have what amounts to a zero hours contract and any work you get is regarded as temporary - this would be the same if you were temping as a secretary or IT Contractor.

The agency should give you a P45 so that you can claim unemployment benefit - perhaps you need to ask them for it if you need to claim.

There should be nothing to stop you approaching other agencies for work however, unless you have a particular term in your contract.

I have worked in a temporaries agency and as an IT Contract and this is my experience in both cases.

Sorry to be the bearer of bad news.

Answer 3

You say you work for an Agency. I'd be very surprised to find an agency that pays people when there's no work (surely the Agency earns it's fees from the client when you are employed with them). If the Agency is earning no fee, I can't see why it should pay you. Have another closer look at your contract, and if necessary go and see an expert (try the Citizens Advice Bureau). Good Luck.

Answer 4

If you are classed as self employed i.e. you pay your own national insurance, then you can be "laid off" if there is no work and will not be paid. If you are " on the cards " meaning they are paying your tax and national insurance then you should be paid. It all depends on your contract of employment which you should have been given and you would have been asked to sign it to say you agreed to the terms and conditions. The best bet would be to go to your local Citizens Advice Bureau to find out exactly. Even if employed part time you are now entitled to holidays and sick pay etc. DB (ex shop steward TGWU)

Answer 5

Most agencies will only pay you if you have actually worked - although i suspect that because you were a live in carer it might be different. You need to recheck your contract - maybe take it to your Citizens Advice Bureau, they would be able to advise you better.

Having said that: a Marternity urse would only be paid for the time they were living in and working with a newborn baby, in the case of a death in this instance it would be at the discrtion of the agency. (but this would be rare)

Answer 6

It all depends on your contract - but if they aren't paying you I'd assume that your contract specifies that you only get paid when you are working.

Is your employer an agency (where they find you work and handle all of the tax and so on) or are they your employer? This will make a difference.

But, in short, if they had to pay you when you're not working they probably would be.

Answer 7

do you work for an agency..if so then they dont have to pay you..have a close look at your contract and read the small print.

Answer 8

You ever hear of punctuation?

And in answer to your question, no they shouldn't. If you are paid weekly and you don't work for a week, why should they still pay you for sitting at home?