Construction jobs –
employers beware
If you use agency staff on your construction jobs, you should
be very clear about your rights and responsibilities
The employment status of those who work for you has implications
for worker rights and tax.
Agency staff are typically engaged and paid by an agency, and are
not viewed as employees of the client. Control of the construction
job worker should, at all times, lie with the agency and not the
client. For example, timesheets should be signed off by the client
but it should be the responsibility of the temp to forward the sheets
to the employment agency for validation and payment. If the conduct
of the worker comes into question the client should speak directly
to the employment agency. If the misconduct is serious, the client
may ask the agency to take the worker off the construction job,
but the temp cannot be subject to the client’s own disciplinary
procedures.
Hours and holidays
The client should never deal with holiday requests. Generally, the
agency will contact the client to check that the time is suitable
but it is important the client does not directly request that the
temp changes his or her holiday arrangements, as this could be another
indication that they, and not the agency, are in control of the
worker. It may be worthwhile keeping track of how long a worker
has been on a construction job and considering the rotation of workers
on a fairly short-term basis. The client should avoid having a temp
on a particular assignment for a long time and certainly always
for well short of 12 months. Nor should the same worker come back
for another project as there is a risk that the worker might establish
the necessary employee status and continuity of employment to acquire
protection against unfair dismissal.
Consider permanent employment
It is critical that the client liaises only with the agency. This
may seem contrived when agency staff are on the premises but it
is the best way of putting distance between the client and the agency
worker on the construction job. Best of all, if the worker is worth
having or if they require significant training or are needed for
a long term project, consider employing them. If they were initially
introduced to you by an agency, check your agency agreement because
most employment agencies have a ‘temp to perm’ clause.
This means that if you offer a construction job to someone who was
previously temping for you, you will be liable to make a one-off
payment to the agency. This varies, but is likely to be a percentage
of the employee’s annual salary.
To talk to one of our advisers about placing your construction
job requirements with us, call now on 0115 946 9034 or e-mail us
at recruit@ktp-recruitment.com
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