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1 class
645-53
If an employee claims breach of contract and they cannot solve things informally with their employer, they may be able to take their case to a civil court or an employment tribunal (or an industrial tribunal in Northern Ireland).
Changing an employment contract
645
53
63
true
645-54
Their employer may be able to make a counter-claim.
Changing an employment contract
645
54
63
true
645-55
Claims and counter-claims can only go to a tribunal if they:
Changing an employment contract
645
55
63
true
645-56
are related to an employment contract issue
Changing an employment contract
645
56
63
true
645-57
still have not been solved when the employee ends their employment
Changing an employment contract
645
57
63
true
645-58
The claim or counter-claim cannot be related to a personal injury, or certain types of contract term like intellectual property rights.
Changing an employment contract
645
58
63
true
645-59
Time limits
Changing an employment contract
645
59
63
true
645-60
Usually, employees must make a claim to a tribunal within 3 months of ending their employment. The employer gets 6 weeks from receiving a copy of the claim to decide whether to make a counter-claim.
Changing an employment contract
645
60
63
true
645-61
Compensation limits
Changing an employment contract
645
61
63
true
645-62
If the tribunal agrees with the employee’s claim, they may award compensation. This can only be for financial loss (for example, non-payment of wages) up to a maximum of £25,000.
Changing an employment contract
645
62
63
true
646-0
When you're an agency worker
Your rights as an agency worker
646
0
136
true
646-1
You’re an agency worker if you have a contract with an agency but you work temporarily for a hirer. Agencies can include recruitment agencies, for example ‘temp agencies’.
Your rights as an agency worker
646
1
136
true
646-2
You’re also an agency worker if you look for work through entertainment and modelling agencies.
Your rights as an agency worker
646
2
136
true
646-3
You’re not an agency worker if you use an agency to find permanent or fixed-term employment. Check with the company that hired you.
Your rights as an agency worker
646
3
136
true
646-4
Contact ACAS if you’re unsure if you’re an agency worker.
Your rights as an agency worker
646
4
136
true
646-5
Fees
Your rights as an agency worker
646
5
136
true
646-6
Recruitment agencies cannot charge you a fee for finding or trying to find you work.
Your rights as an agency worker
646
6
136
true
646-7
They can charge you for certain services, for example CV writing, training or transport. You have the right to cancel these as long as you give notice.
Your rights as an agency worker
646
7
136
true
646-8
If any agency offers you services it:
Your rights as an agency worker
646
8
136
true
646-9
must give you full written details of the fee and conditions before charging you - including details of your right to cancel and the notice period
Your rights as an agency worker
646
9
136
true
646-10
cannot make you use these services as a condition for finding you work
Your rights as an agency worker
646
10
136
true
646-11
There are different rules for entertainment and modelling agencies.
Your rights as an agency worker
646
11
136
true
646-12
When you want to cancel a service
Your rights as an agency worker
646
12
136
true
646-13
You can cancel paid services without a penalty. You must give a minimum of:
Your rights as an agency worker
646
13
136
true
646-14
10 working days’ written notice to the agency to cancel living accommodation
Your rights as an agency worker
646
14
136
true
646-15
5 working days’ notice for all other services, such as training courses
Your rights as an agency worker
646
15
136
true
646-16
You can complain to Acas if you think your agency has unfairly charged you or it will not refund you during the notice period.
Your rights as an agency worker
646
16
136
true
646-17
What your agency must give you
Your rights as an agency worker
646
17
136
true
646-18
Your agency must give you information about the work they’re trying to find you.
Your rights as an agency worker
646
18
136
true
646-19
Before you’re offered a job
Your rights as an agency worker
646
19
136
true
646-20
Before looking for work for you, your agency must give you:
Your rights as an agency worker
646
20
136
true
646-21
a key information document
Your rights as an agency worker
646
21
136
true
646-22
written terms of engagement - often known as a contract
Your rights as an agency worker
646
22
136
true
646-23
Key information document
Your rights as an agency worker
646
23
136
true
646-24
The key information document is a short explanation of how you’ll be paid and what deductions will be applied.
Your rights as an agency worker
646
24
136
true
646-25
It must include:
Your rights as an agency worker
646
25
136
true
646-26
the minimum rate of pay you can expect
Your rights as an agency worker
646
26
136
true
646-27
a sample payslip giving an estimate of your take home pay after things like National Insurance, Income Tax or private healthcare
Your rights as an agency worker
646
27
136
true
646-28
who is paying you
Your rights as an agency worker
646
28
136
true
646-29
if you have any fees to pay
Your rights as an agency worker
646
29
136
true
646-30
if you’re entitled to any benefits
Your rights as an agency worker
646
30
136
true
646-31
Your agency does not have to give you a key information document if you’ve already agreed terms of engagement with them before 6 April 2020.
Your rights as an agency worker
646
31
136
true
646-32
Terms of engagement
Your rights as an agency worker
646
32
136
true
646-33
The written terms of engagement should include:
Your rights as an agency worker
646
33
136
true
646-34
whether you’re employed under a contract for services or a contract of employment
Your rights as an agency worker
646
34
136
true
646-35
your notice period
Your rights as an agency worker
646
35
136
true
646-36
your pay
Your rights as an agency worker
646
36
136
true
646-37
your holiday entitlement
Your rights as an agency worker
646
37
136
true
646-38
An agency cannot change your terms and conditions without telling you. If you agree to changes, you must be given a new document with the full details of the changes and the date they changed.
Your rights as an agency worker
646
38
136
true
646-39
An agency cannot give information about you to any third parties (including current employers or hirers) without your permission.
Your rights as an agency worker
646
39
136
true
646-40
When you’re offered a job
Your rights as an agency worker
646
40
136
true
646-41
The agency must give you a written statement that tells you:
Your rights as an agency worker
646
41
136
true
646-42
your start date
Your rights as an agency worker
646
42
136
true
646-43
how long the contract is likely to last
Your rights as an agency worker
646
43
136
true
646-44
the type of work
Your rights as an agency worker
646
44
136
true
646-45
about any expenses you may have to pay
Your rights as an agency worker
646
45
136
true
646-46
the location
Your rights as an agency worker
646
46
136
true
646-47
your hours
Your rights as an agency worker
646
47
136
true
646-48
about any health and safety risks
Your rights as an agency worker
646
48
136
true
646-49
about any experience, training or qualifications needed for the role
Your rights as an agency worker
646
49
136
true
646-50
Equal treatment
Your rights as an agency worker
646
50
136
true
646-51
From the day you start work you have a worker’s employment rights.
Your rights as an agency worker
646
51
136
true
646-52
You also have the same rights as your permanent colleagues to use any shared facilities and services provided by your employer, for example:
Your rights as an agency worker
646
52
136
true
646-53
a canteen or food and drinks machines
Your rights as an agency worker
646
53
136
true
646-54
a workplace creche or mother and baby room
Your rights as an agency worker
646
54
136
true
646-55
car parking or transport services, like a local pick-up service or transport between sites
Your rights as an agency worker
646
55
136
true
646-56
Rights after 12 weeks
Your rights as an agency worker
646
56
136
true
646-57
After 12 weeks in the job you qualify for the same rights as someone employed directly. This is known as ‘equal treatment’.
Your rights as an agency worker
646
57
136
true
646-58
Your rights include:
Your rights as an agency worker
646
58
136
true
646-59
‘equal pay’ - the same pay as a permanent colleague doing the same job
Your rights as an agency worker
646
59
136
true
646-60
automatic pension enrolment
Your rights as an agency worker
646
60
136
true
646-61
paid annual leave
Your rights as an agency worker
646
61
136
true
646-62
How to count your 12 week period
Your rights as an agency worker
646
62
136
true
646-63
Start counting your 12 week qualifying period from your first day at work.
Your rights as an agency worker
646
63
136
true
646-64
You do not have to be at work for 12 weeks in a row - some types of leave count and there can be breaks.
Your rights as an agency worker
646
64
136
true
646-65
Do not count days on sick leave or a break
Your rights as an agency worker
646
65
136
true
646-66
The qualifying period will pause for sick leave or breaks. Do not count the days when:
Your rights as an agency worker
646
66
136
true
646-67
you take a break of 6 weeks or less
Your rights as an agency worker
646
67
136
true
646-68
you’re on leave due to sickness or injury for up to 28 weeks
Your rights as an agency worker
646
68
136
true
646-69
you take annual leave you’re entitled to
Your rights as an agency worker
646
69
136
true
646-70
the workplace closes, for example for Christmas or industrial action
Your rights as an agency worker
646
70
136
true
646-71
you’re on jury service for up to 28 weeks
Your rights as an agency worker
646
71
136
true
646-72
Count time off for pregnancy, paternity or adoption
Your rights as an agency worker
646
72
136
true
646-73
Your 12 week qualifying period will continue through time off you have for:
Your rights as an agency worker
646
73
136
true
646-74
pregnancy and up to 26 weeks after childbirth
Your rights as an agency worker
646
74
136
true
646-75
adoption leave
Your rights as an agency worker
646
75
136
true
646-76
paternity leave
Your rights as an agency worker
646
76
136
true
646-77
If your leave is more than 12 weeks you’ll qualify for equal treatment when you return to work.
Your rights as an agency worker
646
77
136
true
646-78
Start from zero for a new job or role
Your rights as an agency worker
646
78
136
true
646-79
Your 12 weeks will start again if you:
Your rights as an agency worker
646
79
136
true
646-80
get a new job at a different workplace
Your rights as an agency worker
646
80
136
true
646-81
have a break of more than 6 weeks between jobs at the same workplace
Your rights as an agency worker
646
81
136
true
646-82
stay at your workplace but take a new role that’s ‘substantively different’
Your rights as an agency worker
646
82
136
true
646-83
A substantively different role is one that’s completely new, different work. It could be a combination of different:
Your rights as an agency worker
646
83
136
true
646-84
skills, or requiring new training
Your rights as an agency worker
646
84
136
true
646-85
pay rate
Your rights as an agency worker
646
85
136
true
646-86
location
Your rights as an agency worker
646
86
136
true
646-87
working hours
Your rights as an agency worker
646
87
136
true
646-88
Pay
Your rights as an agency worker
646
88
136
true
646-89
You’re entitled to the National Minimum Wage for all the hours you work, even if you have not recorded them on a timesheet.
Your rights as an agency worker
646
89
136
true