Employers paying wrong wage

hamcaster

Hi,

My OH has been temping with the same company for a while (through a temping agency), and due to a change in legislation (temps must be paid the same as permanent staff - not sure if the legislation only changed in Scotland or if it was UK wide) her rate of pay increased.

However, it has come to light during a conversation between colleagues that since her pay changed, she's actually been getting too much - it sounds like the temping agency changed her to the wrong grade. Her boss overheard the conversation, and is going to contact the agency.

This all happened today so nothing has come out of it yet, but I wanted to know where she will stand - can the temping agency take back the money which they overpaid her?

Notmyrealname

Her boss is the agency, not the place she's working at - they're the customer of the agency. And the agency worker only has to be paid the same if they're getting paid less. There is nothing to stop the agency paying MORE than the permanent employees.

As long as the company isn't being charged any more by the agency for your OH then what she gets paid by the agency is none of their concern.

Your OH needs to remind this "boss" that whilst she may do work for them, she isn't employed by them so its none of their concern.

hamcaster

Notmyrealname wrote: »

Her boss is the agency, not the place she's working at - they're the customer of the agency. And the agency worker only has to be paid the same if they're getting paid less. There is nothing to stop the agency paying MORE than the permanent employees.

As long as the company isn't being charged any more by the agency for your OH then what she gets paid by the agency is none of their concern.

Your OH needs to remind this "boss" that whilst she may do work for them, she isn't employed by them so its none of their concern.

Hey,

Thanks for replying. Since she's being paid the higher rate, I think it's safe to assume that the company are being charged a higher rate than they should be, which is what is likely to cause problems. The fault is purely with the agency on this, but I was just wanting to check - if it does turn out that the agency put her on the wrong grade (which I assume is the case), are the agency likely to claim back the extra money which she's been paid for the last month or so (such as taking it off her future wages)?

Googlewhacker

Notmyrealname wrote: »

Her boss is the agency, not the place she's working at - they're the customer of the agency. And the agency worker only has to be paid the same if they're getting paid less. There is nothing to stop the agency paying MORE than the permanent employees.

As long as the company isn't being charged any more by the agency for your OH then what she gets paid by the agency is none of their concern.

Your OH needs to remind this "boss" that whilst she may do work for them, she isn't employed by them so its none of their concern.

No, she should just keep quiet and hope for the best, tell her 'boss' its none of their concern and that will just annoy them and more likely to lead to the end of the contract.