Contracted for 35 Hours, But Told to Log Off Unpaid – Where Do We Stand?

MadRatters

I work remotely as a Customer Service Advisor for a bank, but I’m contracted through an employment agency. I'm paid directly by the agency and can leave the assignment at any time by giving 24 hours’ notice.

Recently, the contractors working under the same agency (myself included) received an email stating that:

“Rather than asking if anyone would like to finish on quieter days, we’ll now be proactively informing individuals if they are not required for their scheduled shift. If you are contacted to log off early, that time will be considered unpaid.”

Previously, we were always given the option to leave early on quieter days. This new change means we’re now being told to log off, and any hours lost will not be paid.

In all the documentation I’ve received from the agency — including one email titled “Confirmation of Assignment”— it states the role is for 35 hours per week, though it doesn’t explicitly say these hours are "guaranteed". However, I had assumed that stating 35 hours per week implied a consistent schedule and expectation of pay for that time.

There is no mention in any of these documents of being sent home unpaid, or what happens if no work is available. Given that we work on behalf of the bank, I would expect the bank to have reviewed or agreed to the contract terms provided to us by the agency?

From my understanding, under UK law:

An employment agency isn’t required to pay workers for hours they haven’t worked — unless this has been contractually agreed.

If the bank has a contract with the agency to supply workers for 35 hours per week, would that agreement not extend to us as the workers? Are they within their rights to instruct us to log off early and treat the remaining time as unpaid — even though we were scheduled to work?

Also, if we don’t comply with the instruction to log off early, we’re told we could face consequences — which feels unfair given we were initially told 35 hours per week.

I’d really appreciate clarification on whether this is allowed and what our rights are in this situation.

DE_612183

Thats just a confirmation email - what does your actual employment contract say?

MadRatters

DE_612183 said:

Thats just a confirmation email - what does your actual employment contract say?

I don't have it - it was signed online and wasn't given the option to download

born_again

Who sent the email?
Bank or agency.

I know from experience that temps will get sent home 1st before paid staff & that is unpaid, as their agreement is with the agency.

DE_612183

MadRatters said:

DE_612183 said:

Thats just a confirmation email - what does your actual employment contract say?

I don't have it - it was signed online and wasn't given the option to download

Then ask for a copy

Exodi

As you are working remotely, I can see why remote workers might not want to take them up on their offer to finish early unpaid and would instead prefer to kick back at home while on the clock.

On a quieter day where 'no work is available' does that literally mean doing nothing? I'm sure there are some small tasks that can fill a small amount of time, but in the main is that what we are talking about?

The reason I mention this is because, while some may insist you should be paid for doing nothing if your contract doesn't prevent it (assuming there are no stand-down clauses), I don't think realistically (or commercially) that situation will be allowed to continue for very long (your post is actually the start of a response to the issue). I think too many people insisting they want paying for nothing will just cause them to start dropping agency workers, especially as the banks have been quite vocal of late about remote working.

MadRatters

I can't find my contract anywhere , it's not on any of the systems so I've reached out to the team leader email for it/where to get it from.

surely I'd be paid by the agency - but I have to submit my timesheet for the team leaders of the bank to validate so they won't do that, will they? 

MadRatters

born_again said:

Who sent the email?
Bank or agency.

I know from experience that temps will get sent home 1st before paid staff & that is unpaid, as their agreement is with the agency.

Sorry the bank sent the email 

The agent sent the confirmation letter which had been agreed with by the Bank themselves

DE_612183

MadRatters said:

I can't find my contract anywhere , it's not on any of the systems so I've reached out to the team leader email for it/where to get it from.

surely I'd be paid by the agency - but I have to submit my timesheet for the team leaders of the bank to validate so they won't do that, will they? 

The bank get paid by the agency, the agency then pay you a % of what they take.

The agency won't pay you if the bank aren't paying them....

MadRatters

Exodi said:

As you are working remotely, I can see why remote workers might not want to take them up on their offer to finish early unpaid and would instead prefer to kick back at home while on the clock.

On a quieter day where 'no work is available' does that literally mean doing nothing? I'm sure there are some small tasks that can fill a small amount of time, but in the main is that what we are talking about?

The reason I mention this is because, while some may insist you should be paid for doing nothing if your contract doesn't prevent it (assuming there are no stand-down clauses), I don't think realistically (or commercially) that situation will be allowed to continue for very long (your post is actually the start of a response to the issue). I think too many people insisting they want paying for nothing will just cause them to start dropping agency workers, especially as the banks have been quite vocal of late about remote working.

Yeah like they do know we sit on our personal computers/phones but we were told it was fine as long as we take the calls that come in. 

We're on the phone lines and only assist those customers. There's nothing for us to do after that unless you need to call the other teams or pass onto another department but then they take it off the hands after that. So no, nothing to do.

The other day, I had a 50 minute wait for a call to come in. 

Because we're not permanent there's not anything we can do, we aren't even allowed to support the newer staff.

We just take calls & log after which is done straight after and before you officially close the call. 

I understand 100% from the business perspective that they can't have 50 temp's doing nothing. But it feels like they have agreed to hire full time staff for part time roles for the 'in case we need them'. 

Well, we were/at least I was sold on the idea of this was being a trial for remote working for the bank but now I've been told we can't be permanent because you have to go into the head office - so SOMEONE is lying about why we were hired. 

Just rather know what is going on , wouldn't even mind it if I was let go but to not be told and unsure of exactly what is going on is worrying me. 

I am assuming I'm being let go though.

Exodi

It could be that no-one is lying, but simply that circumstances have changed - I expect they didn't originally recruit agency workers anticipating low call volume.

People on this forum will generally suggest that you should only focus on yourself, though perhaps inevitably every agency worker insisting they want paying for nothing will cause the bank to drop agency workers (or perhaps, it will happen regardless).

While it's impossible to know until a decision has been made (and it's unlikely the recruiter will know much more than you), I would at least use the down-time to polish up the ol' CV and potentially start applying for jobs.