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Contractor sites and the minimum wage

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    #11
    Originally posted by SueEllen View Post
    However a solicitor I know has recently argued that this won't work about a different website.

    I suggest you contact the low pay unit (details are on Direct.gov.uk website) and give them examples of the site openly breaking the law.
    Thanks, could you provide any more details regarding your solicitors comments?

    I may well take your suggestion, my moral compass is twitching.

    Comment


      #12
      Originally posted by lee View Post
      To me it looks like something that is at a minimum flaunting the spirit of the NMW and questionably on the wrong side of the law itself.

      You really are on a hiding to no where here. Spirit means nothing, letter of the law is what counts. I don't think it is on the wrong side of the law as I commented on before. There is also the arguement about the fact PPH are a middle man on this and not the employer so again wooly where the responsibility lies.

      This is a company which strongly presents itself as a UK agency, look at their front page and press coverage. BBC, Guardian, Sunday Times, Indy, lots of red tops etc.

      Now the individual listing is a comical (interesting that it had its comments removed), but a quick flick through some of the categories such as administration show just how many roles start at £4 per hour. This includes positions which are onsite only within the UK.
      Surely agents are not responsible for the rate an employer advertises.

      On the question of "properly self-employed", PPH don't seem to discriminate. They accept people under umbrella companies and other arrangements. Their terms appear to put some obligations on "the Freelancer" which are clearly nonsense, the employer would still be liable in many cases.
      They don't discriminate, they are a middle man and probably don't care. The employer would be liable yes but PPH isn't the employer???

      I would just take a breath and go concentrate on something else. The fact PPH and many other sites like this exist unchallenged would be reason enough to think a) it is legal b) it is too complicated for us to sort out. Isn't the argument here similar to ebay being responsible for peddling fake goods and nothing has happened about that.

      You may have a point (I don't think so but thats another thing) but what is the point busting a bloodvessel over it?
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #13
        Originally posted by lee View Post
        Thanks, could you provide any more details regarding your solicitors comments?

        I may well take your suggestion, my moral compass is twitching.
        Just report them to the low paid unit.

        If they then want to deal with it then they will.
        "You’re just a bad memory who doesn’t know when to go away" JR

        Comment


          #14
          Originally posted by northernladuk View Post

          Surely agents are not responsible for the rate an employer advertises.
          Agencies have a legal responsibility to only advertise roles to UK based residents that fall under the National Minimum Wage.

          If PPH are advertising roles that fall outside this they should make it clear who can apply to for the roles.
          "You’re just a bad memory who doesn’t know when to go away" JR

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