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Agency Workers - ending an engagement early

Could I check what others think of the following scenario?
An agency worker engagement ends early due to closure of an establishment in response to the Covid outbreak.  There is written agreement at the outset that the worker would receive 5 days notice should the engagement end earlier than expected.  Would the engaging organisation be obliged to pay the worker 5 days in lieu of notice?

I appreciate in general terms the agency worker would not be entitled to any payment...but the fact a notice period is included in the initial agreement is my concern.  It is possible Force Majeure may apply...but if the clause is not specific enough to cover current circumstances - I wondered if there may be an obligation to pay?
I have been swithering about this one all day and wondered if there may be someone out there who may have information or an opinion that would help in any way!
Cheers,
Diana
220 views
  • If they are an agency worker, this should be covered by the contract between you and the agency.....
  • Hi Diana

    With our supply staff from agencies (I work in schools), if we give notice to end an assignment early, we would have to pay the agreed day/week rate for the contracted notice period e.g. 1 week, half a term etc. This applies even if we have no work for them to do during this period.
  • Force Majeure is unlikely to apply

    The agency may well have an obligation to pay the worker and you may well have an obligation to pay the agency. Its very rare to have such clauses in these agreements so its hard to argue you all didnt mean to pay it.