Dh is working for an agency -please answer a number of questions I have.

[Oblomov]

Dh quit his job as an Operations Manager last week.
I am pleased as old job treated him awfully.
He started a new job on friday, less than 1/2 mile for our house.
Great. For an agency. They agreed rate over the phone.It is a temporary postion.

Now contract (being operative word, sign the agency form !!) has come through. Basic pay is less than agreed rate - it INCLUDES holiday pay - Question 1 - Is this allowed ?

Plus they ask for 2 weeks notice ?
Q2 how can they do this, on a temp postiiton. It was never discussed before.

Q3 - an aside, but - Am I right in thinking that a salary, within the EU, is assumed to be 37.5 hour week , unless staed otherwise ? Just wondering how you know whether to calculate an hourly rate based on a 37.5 or 40 hour week.

Finally, this hourly rate is very low, not what dh normally earns. Then the new boss says she wants him to do loads more things - not in the job description.
Dh says - in a more professional way that how I am describing it here - " I will if you pay me £xx.xx per hour - my normal rate, I am not doing it for £xx.xx I am being paid through the agency. I am not giving you the benefit of my 20 years Managers experience for the agency rate of £xx.xx"
But he was introuduced to the company through the agncy.
Can he invoice them directly for consultancy without either he or companay getting into trouble/ having to pay an introduction fee ?
The job she really wants him to do, is a much higher one than job description.
Can you get away with saying I am doing the job of Warhouse manager for agency. Plus, She is employing me , on consultancy basis, for .....higher position of Operation Manager. = Q4

Would appreciate advice.

lol at ds

As crunchie says, no longer legal to 'roll up' holiday pay, any temp worker must be allowed to take paid holidays, so he should be given an hourly rate which doesn't include this, and be told his holiday entitlement and process for taking it.

He wouldn't be able to do 'consultancy' at a higher rate on top of the job he is employed to do - if the company want him to do extra/higher level stuff they must negotiate the appropriate rate and either employ your DH direct and pay an introduction fee or pay an increased hourly rate through the agency. There won't be any way around this in the contract the company has with the agency.

Nothing saying a 'temp' position should not have notice period, although no one could make him work it if he needs to leave in a hurry.

Stuff about notice on both sides

Don't know the answer to Q3, will have an investigate for you

If it's not fixed term and he is employed by the agency they must give him the notice stated on that link above. He must give a week's notice but they can make him give more if that is agreed. He was not shown their terms before he took the job so I suppose he could try to say he does not agree them although I expect that might be quite hard.

Hello Flowery.
I luuuuuuurve you

Oh the notice thingy, of course I tell all my temps to give me notice, BUT tbh I don't expect it. In long term assignments i discuss it from both sides - 1 month or whatever. Short term assignments I ask for a week.

HOWEVER I deal at a v senior level, so it is v rare to have no notice at all

xenia I beg to disagree, when a candidate is employed via an agency we can 'ask' for notice, but I am sure it is not legally binding. Otherwise I could sue my temps if they 'bomb out' of a job with no notice!!

Useful stuff about deciding whether someone is an employee, entitled to all normal employment rights, a 'worker', entitled to core employment rights, or self-employed. Most agency staff are 'workers'.

Crunchie if you have a contract or written terms with your temps and it says they must give a week's notice or two weeks and they don't then technically legally you can sue them for the loss the agency suffers if they do not give the notice. In practice with most employers if the employee bunks off without giving the notice they should it is quite rare it's worth the money going to court over it but in theory that could be done and many employees do choose anyway in practice to follow the notice period in their contracts. If it's not agree or in the terms they accept then they don't need to give notice except for statutory periods for employees on the link above. SDome employees accept they have to give a year's notice - usually very senior and they can be made to stick to it.