I am British National but I live in South Africa. I paid National insurance throughout all my working period in the UK.I have reached my state pension age and I want all my money to be paid in the South African Bank. Which country should I pay my pension tax to?

State Pension if you retire abroad

Claim State Pension abroad

You can claim State Pension abroad if you’ve paid enough UK National Insurance  contributions to qualify.

Get a State Pension forecast if you need to find out how much State Pension you may get.

Make a claim

You must be within 4 months of your State Pension age to claim.

To claim your pension, you can either:

contact the International Pension Centre

send the international claim form to the International Pension Centre (the address is on the form)

If you live part of the year abroad

You must choose which country you want your pension to be paid in. You cannot be paid in one country for part of the year and another for the rest of the year.

Bank accounts your pension can be paid into

Your State Pension can be paid into:

a bank in the country you’re living in

a bank or building society in the UK

You can use:

an account in your name

a joint account

someone else’s account - if you have their permission and keep to the terms and conditions of the account

You’ll need the international bank account number (IBAN) and bank identification code (BIC) numbers if you have an overseas account.

You’ll be paid in local currency - the amount you get may change due to exchange rates.

When you’ll get paid

You can choose to be paid every 4 or 13 weeks.

If your State Pension is under £5 per week, you’ll be paid once a year in December.

Delays to payments around US bank holidays

If you live abroad and your payment is due in the same week as a US bank holiday, it could arrive one day late. This is because a US company processes these payments.

How your pension is affected

Your State Pension will only increase each year if you live in:

the European Economic Area (EEA)

Gibraltar

Switzerland

countries that have a social security agreement with the UK (but you cannot get increases in Canada or New Zealand)

You will not get yearly increases if you live outside these countries.

Your pension will go up to the current rate if you return to live in the UK.

Get advice

Contact the International Pension Centre if you want advice on how your pension might be affected if you’ve already retired and are thinking of moving abroad.

Paying tax

How much tax you’ll pay and where you pay it depends on where you’re considered to be a resident.

UK residents

You may have to pay UK tax on your State Pension if you live abroad but are classed as a UK resident for tax purposes. The amount you pay depends on your income.

Overseas residents

You may be taxed on your State Pension by the UK and the country where you live.
If you pay tax twice, you can usually claim tax relief to get all or some of it back.

If the country you live in has a ‘double taxation agreement’ with the UK, you’ll only pay tax on your pension once. This may be to the UK or the country where you live, depending on that country’s tax agreement.

Report a change in your circumstances

Report changes (such as a change of address or bank details) to the International Pension Centre by phone or in writing - do not send changes by email.

If you’re asked to fill in a ‘life certificate’

You may get a ‘life certificate’ form from the Department for Work and Pensions to check you’re still eligible for the State Pension.

You need to get the form signed by a witness. The instructions are on the form.

Your witness does not have to live in the UK or have a passport from any specific country.

The people who can sign the form are the same as those who can ‘countersign’ a passport photo.

Your payments may be suspended if you do not send the form back.

Returning to the UK

Contact the Pension Service - you need your return date and contact details, both abroad and in the UK.

Call HM Revenue and Customs (HMRC) to say you’re returning to the UK.

State Pension if you retire abroad

Claim State Pension abroad

Make a claim

You must be within 4 months of your State Pension age to claim.

To claim your pension, you can either:

contact the International Pension Centre

If you live part of the year abroad

Bank accounts your pension can be paid into

Your State Pension can be paid into:

a bank in the country you’re living in

a bank or building society in the UK

You can use:

an account in your name

a joint account

When you’ll get paid

You can choose to be paid every 4 or 13 weeks.

Delays to payments around US bank holidays

How your pension is affected

Your State Pension will only increase each year if you live in:

the European Economic Area (EEA)

Gibraltar

Switzerland

You will not get yearly increases if you live outside these countries.

Your pension will go up to the current rate if you return to live in the UK.

Get advice

Paying tax

UK residents

Overseas residents

Report a change in your circumstances

If you’re asked to fill in a ‘life certificate’

Your payments may be suspended if you do not send the form back.

Returning to the UK

Call HM Revenue and Customs (HMRC) to say you’re returning to the UK.

State Pension if you retire abroad

Claim State Pension abroad

Make a claim

You must be within 4 months of your State Pension age to claim.

To claim your pension, you can either:

contact the International Pension Centre

If you live part of the year abroad

Bank accounts your pension can be paid into

Your State Pension can be paid into:

a bank in the country you’re living in

a bank or building society in the UK

You can use:

an account in your name

a joint account

When you’ll get paid

You can choose to be paid every 4 or 13 weeks.

Delays to payments around US bank holidays

How your pension is affected

Your State Pension will only increase each year if you live in:

the European Economic Area (EEA)

Gibraltar

Switzerland

You will not get yearly increases if you live outside these countries.

Your pension will go up to the current rate if you return to live in the UK.

Get advice

Paying tax

UK residents

Overseas residents

Report a change in your circumstances

If you’re asked to fill in a ‘life certificate’

Your payments may be suspended if you do not send the form back.

Returning to the UK

Call HM Revenue and Customs (HMRC) to say you’re returning to the UK.


I am 65 and have been living in Spain since I retired early three years ago. I am now eligible for the state pension in the UK. I am not employed here in Spain. How can claim a state pension in Spain?

To claim your pension, you can either:

State Pension if you retire abroad

Claim State Pension abroad

You can claim State Pension abroad if you’ve paid enough UK National Insurance  contributions to qualify.

Get a State Pension forecast if you need to find out how much State Pension you may get.

Make a claim

You must be within 4 months of your State Pension age to claim.

To claim your pension, you can either:

contact the International Pension Centre

send the international claim form to the International Pension Centre (the address is on the form)

If you live part of the year abroad

You must choose which country you want your pension to be paid in. You cannot be paid in one country for part of the year and another for the rest of the year.

Bank accounts your pension can be paid into

Your State Pension can be paid into:

a bank in the country you’re living in

a bank or building society in the UK

You can use:

an account in your name

a joint account

someone else’s account - if you have their permission and keep to the terms and conditions of the account

You’ll need the international bank account number (IBAN) and bank identification code (BIC) numbers if you have an overseas account.

You’ll be paid in local currency - the amount you get may change due to exchange rates.

When you’ll get paid

You can choose to be paid every 4 or 13 weeks.

If your State Pension is under £5 per week, you’ll be paid once a year in December.

Delays to payments around US bank holidays

If you live abroad and your payment is due in the same week as a US bank holiday, it could arrive one day late. This is because a US company processes these payments.

How your pension is affected

Your State Pension will only increase each year if you live in:

the European Economic Area (EEA)

Gibraltar

Switzerland

countries that have a social security agreement with the UK (but you cannot get increases in Canada or New Zealand)

You will not get yearly increases if you live outside these countries.

Your pension will go up to the current rate if you return to live in the UK.

Get advice

Contact the International Pension Centre if you want advice on how your pension might be affected if you’ve already retired and are thinking of moving abroad.

Paying tax

How much tax you’ll pay and where you pay it depends on where you’re considered to be a resident.

UK residents

You may have to pay UK tax on your State Pension if you live abroad but are classed as a UK resident for tax purposes. The amount you pay depends on your income.

Overseas residents

You may be taxed on your State Pension by the UK and the country where you live.
If you pay tax twice, you can usually claim tax relief to get all or some of it back.

If the country you live in has a ‘double taxation agreement’ with the UK, you’ll only pay tax on your pension once. This may be to the UK or the country where you live, depending on that country’s tax agreement.

Report a change in your circumstances

Report changes (such as a change of address or bank details) to the International Pension Centre by phone or in writing - do not send changes by email.

If you’re asked to fill in a ‘life certificate’

You may get a ‘life certificate’ form from the Department for Work and Pensions to check you’re still eligible for the State Pension.

You need to get the form signed by a witness. The instructions are on the form.

Your witness does not have to live in the UK or have a passport from any specific country.

The people who can sign the form are the same as those who can ‘countersign’ a passport photo.

Your payments may be suspended if you do not send the form back.

Returning to the UK

Contact the Pension Service - you need your return date and contact details, both abroad and in the UK.

Call HM Revenue and Customs (HMRC) to say you’re returning to the UK.

contact the International Pension Centre

State Pension if you retire abroad

Claim State Pension abroad

Make a claim

You must be within 4 months of your State Pension age to claim.

To claim your pension, you can either:

If you live part of the year abroad

Bank accounts your pension can be paid into

Your State Pension can be paid into:

a bank in the country you’re living in

a bank or building society in the UK

You can use:

an account in your name

a joint account

When you’ll get paid

You can choose to be paid every 4 or 13 weeks.

Delays to payments around US bank holidays

How your pension is affected

Your State Pension will only increase each year if you live in:

the European Economic Area (EEA)

Gibraltar

Switzerland

You will not get yearly increases if you live outside these countries.

Your pension will go up to the current rate if you return to live in the UK.

Get advice

Paying tax

UK residents

Overseas residents

Report a change in your circumstances

If you’re asked to fill in a ‘life certificate’

Your payments may be suspended if you do not send the form back.

Returning to the UK

Call HM Revenue and Customs (HMRC) to say you’re returning to the UK.

State Pension if you retire abroad

Claim State Pension abroad

Make a claim

You must be within 4 months of your State Pension age to claim.

To claim your pension, you can either:

contact the International Pension Centre

If you live part of the year abroad

Bank accounts your pension can be paid into

Your State Pension can be paid into:

a bank in the country you’re living in

a bank or building society in the UK

You can use:

an account in your name

a joint account

When you’ll get paid

You can choose to be paid every 4 or 13 weeks.

Delays to payments around US bank holidays

How your pension is affected

Your State Pension will only increase each year if you live in:

the European Economic Area (EEA)

Gibraltar

Switzerland

You will not get yearly increases if you live outside these countries.

Your pension will go up to the current rate if you return to live in the UK.

Get advice

Paying tax

UK residents

Overseas residents

Report a change in your circumstances

If you’re asked to fill in a ‘life certificate’

Your payments may be suspended if you do not send the form back.

Returning to the UK

Call HM Revenue and Customs (HMRC) to say you’re returning to the UK.


My husband and I are in in our early seventies and are in receipt of a UK state pension. We have been offered the opportunity to live in the US for four months of the year for the next two years. Can we continue to claim our state pensions if we are in the US?

You can claim State Pension abroad if you’ve paid enough UK National Insurance  contributions to qualify.

State Pension if you retire abroad

Claim State Pension abroad

Get a State Pension forecast if you need to find out how much State Pension you may get.

Make a claim

You must be within 4 months of your State Pension age to claim.

To claim your pension, you can either:

contact the International Pension Centre

send the international claim form to the International Pension Centre (the address is on the form)

If you live part of the year abroad

You must choose which country you want your pension to be paid in. You cannot be paid in one country for part of the year and another for the rest of the year.

Bank accounts your pension can be paid into

Your State Pension can be paid into:

a bank in the country you’re living in

a bank or building society in the UK

You can use:

an account in your name

a joint account

someone else’s account - if you have their permission and keep to the terms and conditions of the account

You’ll need the international bank account number (IBAN) and bank identification code (BIC) numbers if you have an overseas account.

You’ll be paid in local currency - the amount you get may change due to exchange rates.

When you’ll get paid

You can choose to be paid every 4 or 13 weeks.

If your State Pension is under £5 per week, you’ll be paid once a year in December.

Delays to payments around US bank holidays

If you live abroad and your payment is due in the same week as a US bank holiday, it could arrive one day late. This is because a US company processes these payments.

How your pension is affected

Your State Pension will only increase each year if you live in:

the European Economic Area (EEA)

Gibraltar

Switzerland

countries that have a social security agreement with the UK (but you cannot get increases in Canada or New Zealand)

You will not get yearly increases if you live outside these countries.

Your pension will go up to the current rate if you return to live in the UK.

Get advice

Contact the International Pension Centre if you want advice on how your pension might be affected if you’ve already retired and are thinking of moving abroad.

Paying tax

How much tax you’ll pay and where you pay it depends on where you’re considered to be a resident.

UK residents

You may have to pay UK tax on your State Pension if you live abroad but are classed as a UK resident for tax purposes. The amount you pay depends on your income.

Overseas residents

You may be taxed on your State Pension by the UK and the country where you live.
If you pay tax twice, you can usually claim tax relief to get all or some of it back.

If the country you live in has a ‘double taxation agreement’ with the UK, you’ll only pay tax on your pension once. This may be to the UK or the country where you live, depending on that country’s tax agreement.

Report a change in your circumstances

Report changes (such as a change of address or bank details) to the International Pension Centre by phone or in writing - do not send changes by email.

If you’re asked to fill in a ‘life certificate’

You may get a ‘life certificate’ form from the Department for Work and Pensions to check you’re still eligible for the State Pension.

You need to get the form signed by a witness. The instructions are on the form.

Your witness does not have to live in the UK or have a passport from any specific country.

The people who can sign the form are the same as those who can ‘countersign’ a passport photo.

Your payments may be suspended if you do not send the form back.

Returning to the UK

Contact the Pension Service - you need your return date and contact details, both abroad and in the UK.

Call HM Revenue and Customs (HMRC) to say you’re returning to the UK.

State Pension if you retire abroad

Claim State Pension abroad

Make a claim

To claim your pension, you can either:

If you live part of the year abroad

Your State Pension can be paid into:

a bank in the country you’re living in

a bank or building society in the UK

You can use:

an account in your name

a joint account

When you’ll get paid

How your pension is affected

the European Economic Area (EEA)

Gibraltar

Switzerland

Get advice

Paying tax

UK residents

Overseas residents

Report a change in your circumstances

Returning to the UK


I am a UK citizen but I live abroad.I have reached my state pension age . I want my state pension to be paid to the bank account in the country I am living in. Will that be possible to pay through my overseas bank account?

You can claim State Pension abroad if you’ve paid enough UK National Insurance  contributions to qualify.

State Pension if you retire abroad

Claim State Pension abroad

Get a State Pension forecast if you need to find out how much State Pension you may get.

Make a claim

You must be within 4 months of your State Pension age to claim.

To claim your pension, you can either:

contact the International Pension Centre

send the international claim form to the International Pension Centre (the address is on the form)

If you live part of the year abroad

You must choose which country you want your pension to be paid in. You cannot be paid in one country for part of the year and another for the rest of the year.

Bank accounts your pension can be paid into

Your State Pension can be paid into:

a bank in the country you’re living in

a bank or building society in the UK

You can use:

an account in your name

a joint account

someone else’s account - if you have their permission and keep to the terms and conditions of the account

You’ll need the international bank account number (IBAN) and bank identification code (BIC) numbers if you have an overseas account.

You’ll be paid in local currency - the amount you get may change due to exchange rates.

When you’ll get paid

You can choose to be paid every 4 or 13 weeks.

If your State Pension is under £5 per week, you’ll be paid once a year in December.

Delays to payments around US bank holidays

If you live abroad and your payment is due in the same week as a US bank holiday, it could arrive one day late. This is because a US company processes these payments.

How your pension is affected

Your State Pension will only increase each year if you live in:

the European Economic Area (EEA)

Gibraltar

Switzerland

countries that have a social security agreement with the UK (but you cannot get increases in Canada or New Zealand)

You will not get yearly increases if you live outside these countries.

Your pension will go up to the current rate if you return to live in the UK.

Get advice

Contact the International Pension Centre if you want advice on how your pension might be affected if you’ve already retired and are thinking of moving abroad.

Paying tax

How much tax you’ll pay and where you pay it depends on where you’re considered to be a resident.

UK residents

You may have to pay UK tax on your State Pension if you live abroad but are classed as a UK resident for tax purposes. The amount you pay depends on your income.

Overseas residents

You may be taxed on your State Pension by the UK and the country where you live.
If you pay tax twice, you can usually claim tax relief to get all or some of it back.

If the country you live in has a ‘double taxation agreement’ with the UK, you’ll only pay tax on your pension once. This may be to the UK or the country where you live, depending on that country’s tax agreement.

Report a change in your circumstances

Report changes (such as a change of address or bank details) to the International Pension Centre by phone or in writing - do not send changes by email.

If you’re asked to fill in a ‘life certificate’

You may get a ‘life certificate’ form from the Department for Work and Pensions to check you’re still eligible for the State Pension.

You need to get the form signed by a witness. The instructions are on the form.

Your witness does not have to live in the UK or have a passport from any specific country.

The people who can sign the form are the same as those who can ‘countersign’ a passport photo.

Your payments may be suspended if you do not send the form back.

Returning to the UK

Contact the Pension Service - you need your return date and contact details, both abroad and in the UK.

Call HM Revenue and Customs (HMRC) to say you’re returning to the UK.

Your State Pension can be paid into:

State Pension if you retire abroad

Claim State Pension abroad

Make a claim

You must be within 4 months of your State Pension age to claim.

To claim your pension, you can either:

contact the International Pension Centre

If you live part of the year abroad

Bank accounts your pension can be paid into

Your State Pension can be paid into:

a bank in the country you’re living in

a bank or building society in the UK

You can use:

an account in your name

a joint account

When you’ll get paid

You can choose to be paid every 4 or 13 weeks.

Delays to payments around US bank holidays

How your pension is affected

Your State Pension will only increase each year if you live in:

the European Economic Area (EEA)

Gibraltar

Switzerland

You will not get yearly increases if you live outside these countries.

Your pension will go up to the current rate if you return to live in the UK.

Get advice

Paying tax

UK residents

Overseas residents

Report a change in your circumstances

If you’re asked to fill in a ‘life certificate’

Your payments may be suspended if you do not send the form back.

Returning to the UK

Call HM Revenue and Customs (HMRC) to say you’re returning to the UK.

a bank in the country you’re living in

State Pension if you retire abroad

Claim State Pension abroad

Make a claim

You must be within 4 months of your State Pension age to claim.

To claim your pension, you can either:

contact the International Pension Centre

If you live part of the year abroad

Bank accounts your pension can be paid into

Your State Pension can be paid into:

a bank in the country you’re living in

a bank or building society in the UK

You can use:

an account in your name

a joint account

When you’ll get paid

You can choose to be paid every 4 or 13 weeks.

Delays to payments around US bank holidays

How your pension is affected

Your State Pension will only increase each year if you live in:

the European Economic Area (EEA)

Gibraltar

Switzerland

You will not get yearly increases if you live outside these countries.

Your pension will go up to the current rate if you return to live in the UK.

Get advice

Paying tax

UK residents

Overseas residents

Report a change in your circumstances

If you’re asked to fill in a ‘life certificate’

Your payments may be suspended if you do not send the form back.

Returning to the UK

Call HM Revenue and Customs (HMRC) to say you’re returning to the UK.


My brother started working for an entertainment agency for the last 3 months and would like to know more about his working rights. What are the working rights after 12 week period?

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

When you're an agency worker

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’.

You’re also an agency worker if you look for work through entertainment and modelling agencies.

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.

Contact ACAS if you’re unsure if you’re an agency worker.

Fees

Recruitment agencies cannot charge you a fee for finding or trying to find you work.

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.

If any agency offers you services it:

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

cannot make you use these services as a condition for finding you work

There are different rules for entertainment and modelling agencies.

When you want to cancel a service

You can cancel paid services without a penalty. You must give a minimum of:

10 working days’ written notice to the agency to cancel living accommodation

5 working days’ notice for all other services, such as training courses

You can complain to Acas if you think your agency has unfairly charged you or it will not refund you during the notice period.

What your agency must give you

Your agency must give you information about the work they’re trying to find you.

Before you’re offered a job

Before looking for work for you, your agency must give you:

a key information document

written terms of engagement - often known as a contract

Key information document

The key information document is a short explanation of how you’ll be paid and what deductions will be applied.

It must include:

the minimum rate of pay you can expect

a sample payslip giving an estimate of your take home pay after things like National Insurance, Income Tax or private healthcare

who is paying you

if you have any fees to pay

if you’re entitled to any benefits

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.

Terms of engagement

The written terms of engagement should include:

whether you’re employed under a contract for services or a contract of employment

your notice period

your pay

your holiday entitlement

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.

An agency cannot give information about you to any third parties (including current employers or hirers) without your permission.

When you’re offered a job

The agency must give you a written statement that tells you:

your start date

how long the contract is likely to last

the type of work

about any expenses you may have to pay

the location

your hours

about any health and safety risks

about any experience, training or qualifications needed for the role

Equal treatment

From the day you start work you have a worker’s employment rights.

You also have the same rights as your permanent colleagues to use any shared facilities and services provided by your employer, for example:

a canteen or food and drinks machines

a workplace creche or mother and baby room

car parking or transport services, like a local pick-up service or transport between sites

Rights after 12 weeks

After 12 weeks in the job you qualify for the same rights as someone employed directly. This is known as ‘equal treatment’.

Your rights include:

‘equal pay’ - the same pay as a permanent colleague doing the same job

automatic pension enrolment

paid annual leave

How to count your 12 week period

Start counting your 12 week qualifying period from your first day at work.

You do not have to be at work for 12 weeks in a row - some types of leave count and there can be breaks.

Do not count days on sick leave or a break

The qualifying period will pause for sick leave or breaks. Do not count the days when:

you take a break of 6 weeks or less

you’re on leave due to sickness or injury for up to 28 weeks

you take annual leave you’re entitled to

the workplace closes, for example for Christmas or industrial action

you’re on jury service for up to 28 weeks

Count time off for pregnancy, paternity or adoption

Your 12 week qualifying period will continue through time off you have for:

pregnancy and up to 26 weeks after childbirth

adoption leave

paternity leave

If your leave is more than 12 weeks you’ll qualify for equal treatment when you return to work.

Start from zero for a new job or role

Your 12 weeks will start again if you:

get a new job at a different workplace

have a break of more than 6 weeks between jobs at the same workplace

stay at your workplace but take a new role that’s ‘substantively different’

A substantively different role is one that’s completely new, different work. It could be a combination of different:

skills, or requiring new training

pay rate

location

working hours

Pay

You’re entitled to the National Minimum Wage for all the hours you work, even if you have not recorded them on a timesheet.

After 12 weeks you’re entitled to be paid the same as a permanent employee doing the same job.

If your agency withholds your pay

Your agency can delay paying you while they get proof of the hours you worked, but only for a reasonable period of time.

Your agency cannot refuse to pay you because your hirer’s unhappy with your work - this is a contractual issue between your agency and the hirer.

You can make a claim to an employment tribunal if your agency is refusing to pay you.

If you’ve opted out of the right to equal pay

Your agency should contact you to explain that after 12 weeks you’re entitled to the same pay as a permanent employee doing the same job.

Maternity rights

You may be able to get Statutory Maternity Pay, but you cannot get Statutory Maternity Leave.

As an agency worker, you have employee’s pregnancy rights after working in your role for 12 weeks.

It’s illegal to discriminate against you on the grounds that:

you’re pregnant

you’ve given birth in the last 6 months

you’re breastfeeding

It’s discrimination if your:

agency refuses to place you in a job

hirer refuses to hire you

job was terminated because you’re pregnant

agency refuses to keep you on its books

agency offers you only short jobs and gives longer ones to other agency workers

hirer will not let you come back after having leave due to maternity

Contact Acas if you believe you’ve been discriminated against.

If there’s a risk to your health

Your hirer should make reasonable adjustments so you can do your job. If this isn’t possible your agency must find you alternative work or pay you at the same rate for the expected length of your contract.

Antenatal care

After 12 weeks in the job you can get paid time off to go to ‘antenatal care’ if you cannot arrange it outside working hours.

Antenatal care includes antenatal classes, appointments and parenting classes if they’ve been recommended by a doctor or midwife.

You must also be paid for the travel time if it’s during working hours.

Entertainment agencies

Entertainment agencies can charge you a fee:

for finding you work, for example taking a commission (percentage fee) from your earnings

to publish your details online or in a publication

They must tell you in writing if a fee is involved.

If they’re publishing your details

Once you receive the contract, you have a 30-day ‘cooling off’ period when you:

can cancel or withdraw from it without getting a penalty

do not have to pay

The agency must show you what it plans to publish about you before it’s published.

You then have up to 7 days after the cooling off period to say if you do not want the information to be published. If you’re happy, you must pay after the 7 days.

If the agency charged you but did not publish your name, you have the right to a refund for up to 60 days.

Contact Acas if you believe you’ve been charged unfairly.

Modelling agencies

Fashion and photographic model agencies can charge you a fee for finding you work. They can take a commission (percentage fee) from your earnings.

They can also charge a fee to publish your details online or in a publication. They cannot charge this fee to you upfront but they can take it from your earnings if they find you work.

Your rights include:

Your rights as an agency worker

When you're an agency worker

You’re also an agency worker if you look for work through entertainment and modelling agencies.

Contact ACAS if you’re unsure if you’re an agency worker.

Fees

Recruitment agencies cannot charge you a fee for finding or trying to find you work.

If any agency offers you services it:

cannot make you use these services as a condition for finding you work

There are different rules for entertainment and modelling agencies.

When you want to cancel a service

You can cancel paid services without a penalty. You must give a minimum of:

10 working days’ written notice to the agency to cancel living accommodation

5 working days’ notice for all other services, such as training courses

You can complain to Acas if you think your agency has unfairly charged you or it will not refund you during the notice period.

What your agency must give you

Your agency must give you information about the work they’re trying to find you.

Before you’re offered a job

Before looking for work for you, your agency must give you:

a key information document

written terms of engagement - often known as a contract

Key information document

The key information document is a short explanation of how you’ll be paid and what deductions will be applied.

It must include:

the minimum rate of pay you can expect

a sample payslip giving an estimate of your take home pay after things like National Insurance, Income Tax or private healthcare

who is paying you

if you have any fees to pay

if you’re entitled to any benefits

Terms of engagement

The written terms of engagement should include:

whether you’re employed under a contract for services or a contract of employment

your notice period

your pay

your holiday entitlement

An agency cannot give information about you to any third parties (including current employers or hirers) without your permission.

When you’re offered a job

The agency must give you a written statement that tells you:

your start date

how long the contract is likely to last

the type of work

about any expenses you may have to pay

the location

your hours

about any health and safety risks

about any experience, training or qualifications needed for the role

Equal treatment

From the day you start work you have a worker’s employment rights.

a canteen or food and drinks machines

a workplace creche or mother and baby room

car parking or transport services, like a local pick-up service or transport between sites

Rights after 12 weeks

After 12 weeks in the job you qualify for the same rights as someone employed directly. This is known as ‘equal treatment’.

Your rights include:

‘equal pay’ - the same pay as a permanent colleague doing the same job

automatic pension enrolment

paid annual leave

How to count your 12 week period

Start counting your 12 week qualifying period from your first day at work.

You do not have to be at work for 12 weeks in a row - some types of leave count and there can be breaks.

Do not count days on sick leave or a break

The qualifying period will pause for sick leave or breaks. Do not count the days when:

you take a break of 6 weeks or less

you’re on leave due to sickness or injury for up to 28 weeks

you take annual leave you’re entitled to

the workplace closes, for example for Christmas or industrial action

you’re on jury service for up to 28 weeks

Count time off for pregnancy, paternity or adoption

Your 12 week qualifying period will continue through time off you have for:

pregnancy and up to 26 weeks after childbirth

adoption leave

paternity leave

If your leave is more than 12 weeks you’ll qualify for equal treatment when you return to work.

Start from zero for a new job or role

Your 12 weeks will start again if you:

get a new job at a different workplace

have a break of more than 6 weeks between jobs at the same workplace

stay at your workplace but take a new role that’s ‘substantively different’

A substantively different role is one that’s completely new, different work. It could be a combination of different:

skills, or requiring new training

pay rate

location

working hours

Pay

You’re entitled to the National Minimum Wage for all the hours you work, even if you have not recorded them on a timesheet.

After 12 weeks you’re entitled to be paid the same as a permanent employee doing the same job.

If your agency withholds your pay

Your agency can delay paying you while they get proof of the hours you worked, but only for a reasonable period of time.

You can make a claim to an employment tribunal if your agency is refusing to pay you.

If you’ve opted out of the right to equal pay

Maternity rights

You may be able to get Statutory Maternity Pay, but you cannot get Statutory Maternity Leave.

As an agency worker, you have employee’s pregnancy rights after working in your role for 12 weeks.

It’s illegal to discriminate against you on the grounds that:

you’re pregnant

you’ve given birth in the last 6 months

you’re breastfeeding

It’s discrimination if your:

agency refuses to place you in a job

hirer refuses to hire you

job was terminated because you’re pregnant

agency refuses to keep you on its books

agency offers you only short jobs and gives longer ones to other agency workers

hirer will not let you come back after having leave due to maternity

Contact Acas if you believe you’ve been discriminated against.

If there’s a risk to your health

Antenatal care

After 12 weeks in the job you can get paid time off to go to ‘antenatal care’ if you cannot arrange it outside working hours.

Antenatal care includes antenatal classes, appointments and parenting classes if they’ve been recommended by a doctor or midwife.

You must also be paid for the travel time if it’s during working hours.

Entertainment agencies

Entertainment agencies can charge you a fee:

for finding you work, for example taking a commission (percentage fee) from your earnings

to publish your details online or in a publication

They must tell you in writing if a fee is involved.

If they’re publishing your details

Once you receive the contract, you have a 30-day ‘cooling off’ period when you:

can cancel or withdraw from it without getting a penalty

do not have to pay

The agency must show you what it plans to publish about you before it’s published.

If the agency charged you but did not publish your name, you have the right to a refund for up to 60 days.

Contact Acas if you believe you’ve been charged unfairly.

Modelling agencies

‘equal pay’ - the same pay as a permanent colleague doing the same job

Your rights as an agency worker

When you're an agency worker

You’re also an agency worker if you look for work through entertainment and modelling agencies.

Contact ACAS if you’re unsure if you’re an agency worker.

Fees

Recruitment agencies cannot charge you a fee for finding or trying to find you work.

If any agency offers you services it:

cannot make you use these services as a condition for finding you work

There are different rules for entertainment and modelling agencies.

When you want to cancel a service

You can cancel paid services without a penalty. You must give a minimum of:

10 working days’ written notice to the agency to cancel living accommodation

5 working days’ notice for all other services, such as training courses

You can complain to Acas if you think your agency has unfairly charged you or it will not refund you during the notice period.

What your agency must give you

Your agency must give you information about the work they’re trying to find you.

Before you’re offered a job

Before looking for work for you, your agency must give you:

a key information document

written terms of engagement - often known as a contract

Key information document

The key information document is a short explanation of how you’ll be paid and what deductions will be applied.

It must include:

the minimum rate of pay you can expect

a sample payslip giving an estimate of your take home pay after things like National Insurance, Income Tax or private healthcare

who is paying you

if you have any fees to pay

if you’re entitled to any benefits

Terms of engagement

The written terms of engagement should include:

whether you’re employed under a contract for services or a contract of employment

your notice period

your pay

your holiday entitlement

An agency cannot give information about you to any third parties (including current employers or hirers) without your permission.

When you’re offered a job

The agency must give you a written statement that tells you:

your start date

how long the contract is likely to last

the type of work

about any expenses you may have to pay

the location

your hours

about any health and safety risks

about any experience, training or qualifications needed for the role

Equal treatment

From the day you start work you have a worker’s employment rights.

a canteen or food and drinks machines

a workplace creche or mother and baby room

car parking or transport services, like a local pick-up service or transport between sites

Rights after 12 weeks

After 12 weeks in the job you qualify for the same rights as someone employed directly. This is known as ‘equal treatment’.

Your rights include:

‘equal pay’ - the same pay as a permanent colleague doing the same job

automatic pension enrolment

paid annual leave

How to count your 12 week period

Start counting your 12 week qualifying period from your first day at work.

You do not have to be at work for 12 weeks in a row - some types of leave count and there can be breaks.

Do not count days on sick leave or a break

The qualifying period will pause for sick leave or breaks. Do not count the days when:

you take a break of 6 weeks or less

you’re on leave due to sickness or injury for up to 28 weeks

you take annual leave you’re entitled to

the workplace closes, for example for Christmas or industrial action

you’re on jury service for up to 28 weeks

Count time off for pregnancy, paternity or adoption

Your 12 week qualifying period will continue through time off you have for:

pregnancy and up to 26 weeks after childbirth

adoption leave

paternity leave

If your leave is more than 12 weeks you’ll qualify for equal treatment when you return to work.

Start from zero for a new job or role

Your 12 weeks will start again if you:

get a new job at a different workplace

have a break of more than 6 weeks between jobs at the same workplace

stay at your workplace but take a new role that’s ‘substantively different’

A substantively different role is one that’s completely new, different work. It could be a combination of different:

skills, or requiring new training

pay rate

location

working hours

Pay

You’re entitled to the National Minimum Wage for all the hours you work, even if you have not recorded them on a timesheet.

After 12 weeks you’re entitled to be paid the same as a permanent employee doing the same job.

If your agency withholds your pay

Your agency can delay paying you while they get proof of the hours you worked, but only for a reasonable period of time.

You can make a claim to an employment tribunal if your agency is refusing to pay you.

If you’ve opted out of the right to equal pay

Maternity rights

You may be able to get Statutory Maternity Pay, but you cannot get Statutory Maternity Leave.

As an agency worker, you have employee’s pregnancy rights after working in your role for 12 weeks.

It’s illegal to discriminate against you on the grounds that:

you’re pregnant

you’ve given birth in the last 6 months

you’re breastfeeding

It’s discrimination if your:

agency refuses to place you in a job

hirer refuses to hire you

job was terminated because you’re pregnant

agency refuses to keep you on its books

agency offers you only short jobs and gives longer ones to other agency workers

hirer will not let you come back after having leave due to maternity

Contact Acas if you believe you’ve been discriminated against.

If there’s a risk to your health

Antenatal care

After 12 weeks in the job you can get paid time off to go to ‘antenatal care’ if you cannot arrange it outside working hours.

Antenatal care includes antenatal classes, appointments and parenting classes if they’ve been recommended by a doctor or midwife.

You must also be paid for the travel time if it’s during working hours.

Entertainment agencies

Entertainment agencies can charge you a fee:

for finding you work, for example taking a commission (percentage fee) from your earnings

to publish your details online or in a publication

They must tell you in writing if a fee is involved.

If they’re publishing your details

Once you receive the contract, you have a 30-day ‘cooling off’ period when you:

can cancel or withdraw from it without getting a penalty

do not have to pay

The agency must show you what it plans to publish about you before it’s published.

If the agency charged you but did not publish your name, you have the right to a refund for up to 60 days.

Contact Acas if you believe you’ve been charged unfairly.

Modelling agencies

automatic pension enrolment

Your rights as an agency worker

When you're an agency worker

You’re also an agency worker if you look for work through entertainment and modelling agencies.

Contact ACAS if you’re unsure if you’re an agency worker.

Fees

Recruitment agencies cannot charge you a fee for finding or trying to find you work.

If any agency offers you services it:

cannot make you use these services as a condition for finding you work

There are different rules for entertainment and modelling agencies.

When you want to cancel a service

You can cancel paid services without a penalty. You must give a minimum of:

10 working days’ written notice to the agency to cancel living accommodation

5 working days’ notice for all other services, such as training courses

You can complain to Acas if you think your agency has unfairly charged you or it will not refund you during the notice period.

What your agency must give you

Your agency must give you information about the work they’re trying to find you.

Before you’re offered a job

Before looking for work for you, your agency must give you:

a key information document

written terms of engagement - often known as a contract

Key information document

The key information document is a short explanation of how you’ll be paid and what deductions will be applied.

It must include:

the minimum rate of pay you can expect

a sample payslip giving an estimate of your take home pay after things like National Insurance, Income Tax or private healthcare

who is paying you

if you have any fees to pay

if you’re entitled to any benefits

Terms of engagement

The written terms of engagement should include:

whether you’re employed under a contract for services or a contract of employment

your notice period

your pay

your holiday entitlement

An agency cannot give information about you to any third parties (including current employers or hirers) without your permission.

When you’re offered a job

The agency must give you a written statement that tells you:

your start date

how long the contract is likely to last

the type of work

about any expenses you may have to pay

the location

your hours

about any health and safety risks

about any experience, training or qualifications needed for the role

Equal treatment

From the day you start work you have a worker’s employment rights.

a canteen or food and drinks machines

a workplace creche or mother and baby room

car parking or transport services, like a local pick-up service or transport between sites

Rights after 12 weeks

After 12 weeks in the job you qualify for the same rights as someone employed directly. This is known as ‘equal treatment’.

Your rights include:

‘equal pay’ - the same pay as a permanent colleague doing the same job

automatic pension enrolment

paid annual leave

How to count your 12 week period

Start counting your 12 week qualifying period from your first day at work.

You do not have to be at work for 12 weeks in a row - some types of leave count and there can be breaks.

Do not count days on sick leave or a break

The qualifying period will pause for sick leave or breaks. Do not count the days when:

you take a break of 6 weeks or less

you’re on leave due to sickness or injury for up to 28 weeks

you take annual leave you’re entitled to

the workplace closes, for example for Christmas or industrial action

you’re on jury service for up to 28 weeks

Count time off for pregnancy, paternity or adoption

Your 12 week qualifying period will continue through time off you have for:

pregnancy and up to 26 weeks after childbirth

adoption leave

paternity leave

If your leave is more than 12 weeks you’ll qualify for equal treatment when you return to work.

Start from zero for a new job or role

Your 12 weeks will start again if you:

get a new job at a different workplace

have a break of more than 6 weeks between jobs at the same workplace

stay at your workplace but take a new role that’s ‘substantively different’

A substantively different role is one that’s completely new, different work. It could be a combination of different:

skills, or requiring new training

pay rate

location

working hours

Pay

You’re entitled to the National Minimum Wage for all the hours you work, even if you have not recorded them on a timesheet.

After 12 weeks you’re entitled to be paid the same as a permanent employee doing the same job.

If your agency withholds your pay

Your agency can delay paying you while they get proof of the hours you worked, but only for a reasonable period of time.

You can make a claim to an employment tribunal if your agency is refusing to pay you.

If you’ve opted out of the right to equal pay

Maternity rights

You may be able to get Statutory Maternity Pay, but you cannot get Statutory Maternity Leave.

As an agency worker, you have employee’s pregnancy rights after working in your role for 12 weeks.

It’s illegal to discriminate against you on the grounds that:

you’re pregnant

you’ve given birth in the last 6 months

you’re breastfeeding

It’s discrimination if your:

agency refuses to place you in a job

hirer refuses to hire you

job was terminated because you’re pregnant

agency refuses to keep you on its books

agency offers you only short jobs and gives longer ones to other agency workers

hirer will not let you come back after having leave due to maternity

Contact Acas if you believe you’ve been discriminated against.

If there’s a risk to your health

Antenatal care

After 12 weeks in the job you can get paid time off to go to ‘antenatal care’ if you cannot arrange it outside working hours.

Antenatal care includes antenatal classes, appointments and parenting classes if they’ve been recommended by a doctor or midwife.

You must also be paid for the travel time if it’s during working hours.

Entertainment agencies

Entertainment agencies can charge you a fee:

for finding you work, for example taking a commission (percentage fee) from your earnings

to publish your details online or in a publication

They must tell you in writing if a fee is involved.

If they’re publishing your details

Once you receive the contract, you have a 30-day ‘cooling off’ period when you:

can cancel or withdraw from it without getting a penalty

do not have to pay

The agency must show you what it plans to publish about you before it’s published.

If the agency charged you but did not publish your name, you have the right to a refund for up to 60 days.

Contact Acas if you believe you’ve been charged unfairly.

Modelling agencies

paid annual leave

Your rights as an agency worker

When you're an agency worker

You’re also an agency worker if you look for work through entertainment and modelling agencies.

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.

Contact ACAS if you’re unsure if you’re an agency worker.

Fees

Recruitment agencies cannot charge you a fee for finding or trying to find you work.

If any agency offers you services it:

cannot make you use these services as a condition for finding you work

There are different rules for entertainment and modelling agencies.

When you want to cancel a service

You can cancel paid services without a penalty. You must give a minimum of:

10 working days’ written notice to the agency to cancel living accommodation

5 working days’ notice for all other services, such as training courses

You can complain to Acas if you think your agency has unfairly charged you or it will not refund you during the notice period.

What your agency must give you

Your agency must give you information about the work they’re trying to find you.

Before you’re offered a job

Before looking for work for you, your agency must give you:

a key information document

written terms of engagement - often known as a contract

Key information document

The key information document is a short explanation of how you’ll be paid and what deductions will be applied.

It must include:

the minimum rate of pay you can expect

a sample payslip giving an estimate of your take home pay after things like National Insurance, Income Tax or private healthcare

who is paying you

if you have any fees to pay

if you’re entitled to any benefits

Terms of engagement

The written terms of engagement should include:

whether you’re employed under a contract for services or a contract of employment

your notice period

your pay

your holiday entitlement

An agency cannot give information about you to any third parties (including current employers or hirers) without your permission.

When you’re offered a job

The agency must give you a written statement that tells you:

your start date

how long the contract is likely to last

the type of work

about any expenses you may have to pay

the location

your hours

about any health and safety risks

about any experience, training or qualifications needed for the role

Equal treatment

From the day you start work you have a worker’s employment rights.

a canteen or food and drinks machines

a workplace creche or mother and baby room

car parking or transport services, like a local pick-up service or transport between sites

Rights after 12 weeks

After 12 weeks in the job you qualify for the same rights as someone employed directly. This is known as ‘equal treatment’.

Your rights include:

‘equal pay’ - the same pay as a permanent colleague doing the same job

automatic pension enrolment

paid annual leave

How to count your 12 week period

Start counting your 12 week qualifying period from your first day at work.

You do not have to be at work for 12 weeks in a row - some types of leave count and there can be breaks.

Do not count days on sick leave or a break

The qualifying period will pause for sick leave or breaks. Do not count the days when:

you take a break of 6 weeks or less

you’re on leave due to sickness or injury for up to 28 weeks

you take annual leave you’re entitled to

the workplace closes, for example for Christmas or industrial action

you’re on jury service for up to 28 weeks

Count time off for pregnancy, paternity or adoption

Your 12 week qualifying period will continue through time off you have for:

pregnancy and up to 26 weeks after childbirth

adoption leave

paternity leave

If your leave is more than 12 weeks you’ll qualify for equal treatment when you return to work.

Start from zero for a new job or role

Your 12 weeks will start again if you:

get a new job at a different workplace

have a break of more than 6 weeks between jobs at the same workplace

stay at your workplace but take a new role that’s ‘substantively different’

A substantively different role is one that’s completely new, different work. It could be a combination of different:

skills, or requiring new training

pay rate

location

working hours

Pay

You’re entitled to the National Minimum Wage for all the hours you work, even if you have not recorded them on a timesheet.

After 12 weeks you’re entitled to be paid the same as a permanent employee doing the same job.

If your agency withholds your pay

Your agency can delay paying you while they get proof of the hours you worked, but only for a reasonable period of time.

You can make a claim to an employment tribunal if your agency is refusing to pay you.

If you’ve opted out of the right to equal pay

Maternity rights

You may be able to get Statutory Maternity Pay, but you cannot get Statutory Maternity Leave.

As an agency worker, you have employee’s pregnancy rights after working in your role for 12 weeks.

It’s illegal to discriminate against you on the grounds that:

you’re pregnant

you’ve given birth in the last 6 months

you’re breastfeeding

It’s discrimination if your:

agency refuses to place you in a job

hirer refuses to hire you

job was terminated because you’re pregnant

agency refuses to keep you on its books

agency offers you only short jobs and gives longer ones to other agency workers

hirer will not let you come back after having leave due to maternity

Contact Acas if you believe you’ve been discriminated against.

If there’s a risk to your health

Antenatal care

After 12 weeks in the job you can get paid time off to go to ‘antenatal care’ if you cannot arrange it outside working hours.

Antenatal care includes antenatal classes, appointments and parenting classes if they’ve been recommended by a doctor or midwife.

You must also be paid for the travel time if it’s during working hours.

Entertainment agencies

Entertainment agencies can charge you a fee:

for finding you work, for example taking a commission (percentage fee) from your earnings

to publish your details online or in a publication

They must tell you in writing if a fee is involved.

If they’re publishing your details

Once you receive the contract, you have a 30-day ‘cooling off’ period when you:

can cancel or withdraw from it without getting a penalty

do not have to pay

The agency must show you what it plans to publish about you before it’s published.

If the agency charged you but did not publish your name, you have the right to a refund for up to 60 days.

Contact Acas if you believe you’ve been charged unfairly.

Modelling agencies


Me and my colleagues who form about 50% of the employees have been getting progressively worried about the financial side of the company we work for. Therefore, we requested from our employer an information and consultation agreement. He instantly denied as if he was anticipating such a moment and stated that there are pre-existing agreements to which we have all agreed to. We checked the contracts we have signed and while about 10% of us have signed such an agreement the others have not. Who can we complain to under these circumstances?

A pre-existing agreement is a written explanation of how the employer informs and consults employees or representatives. It must:

Request an information and consultation agreement with your employer

Overview

You, together with other employees, can ask your employer to keep you informed and consult with you on issues related to your company or organisation.

This may include:

the company or organisation’s performance, for example financially and competitively

any changes to your working conditions and employment prospects

This is called an information and consultation agreement.

Your employer can start negotiating an agreement without a request from its employees.

How to make a request

Check that you’re eligible.

Write to your employer or the Central Arbitration Committee (CAC) with your request.

Eligibility

To make a request, you need to be an employee of a company or organisation which has both:

at least 50 employees

its registered office, head office or main operation in England, Scotland or Wales

There’s a different process if you work for a company or organisation based in Northern Ireland, unless both of these apply:

its head office or registered office is in England, Scotland or Wales

the majority of its employees work in England, Scotland or Wales

Number of employees needed to take part

Employees can either individually request an arrangement or make a single request as a group.

For the request to be valid the following must apply:

at least 2% of all the employees in the company or organisation make a request

at least 15 employees must make the request

individual requests must be received within a 6 month period to be counted together

Find out the number of employees

You can write to your employer to ask how many people they employ.

You can complain to the Central Arbitration Committee (CAC) if:

your employer refuses to provide the number of employees

you think the number they’ve given you is wrong

Download and fill in the complaint form and send it to the address on the form.

Make a request

You can either write to:

your employer to request an arrangement

the Central Arbitration Committee (CAC) - you can do this if you don’t want your employer to know you’re making a request

Request direct to your employer

Include the following:

the date you’re making the request

your name and the names of any other employees included in your request

Request through CAC

Email enquiries@cac.gov.uk with the following:

the date you’re making the request

your name and address

your employer’s name and address

the name of the manager who represents the employer

CAC will tell you and the employer how many requests have been made, without revealing the names of the employees.

What happens next

Your employer can start negotiating with you straight away if they choose to, regardless of how many employees have applied.

If more than 40% of employees have requested an agreement, your employer must start negotiating with you.

If less than 40% of employees have requested an agreement, your employer can:

say that there’s already a pre-existing agreement

hold an employee ballot to see if they should start negotiations

An employer can dispute the validity of any request.

Central Arbitration Committee (CAC) can be asked to decide if
requests are valid and if pre-existing agreements already exist.

Pre-existing agreements

Your employer may say there’s already an agreement about keeping you informed and consulting you.

cover all employees

have been agreed by those employees

You can complain to CAC if you do not agree there’s a pre-existing agreement.

If a ballot is held

Your employer may hold a ballot (a vote) to decide if they should start negotiating.

They must:

tell you no more than 1 month after they get your request that they’re going to hold a ballot

hold the ballot no sooner than 21 days after they tell you about it

Your employer might decide to hold a combined ballot of all employees if there is already an agreement (or more than one agreement) covering other parts of the business in addition to your own.

All employees must be allowed to vote in the ballot and the voting must be done in private.

Results of the ballot

Your employer must start negotiations with you if both these apply:

at least 40% of employees took part in the ballot

more than 50% of those voting supported the request for an information and consultation agreement

You cannot request a new agreement for 3 years if the results of the employee ballot do not meet both these requirements.

Complain about a ballot

Download and fill in the relevant complaint form and send it to the Central Arbitration Committee (CAC) if:

the employer has not told you that they’re holding a ballot within 1 month of getting your request - use form 8(7)

you think the employer is taking too long to hold a ballot after they’ve said they would and 21 days have passed - use form 8(8)

you believe the ballot was not fair - make the complaint within 21 days of the ballot using form 10(2)

Negotiate an agreement

You need to negotiate with your employer when they agree - or the Central Arbitration Committee (CAC) instruct them - to set up an agreement.

The terms will need to be agreed and written down by your employer and the employee representatives.

If the negotiations are started by the employer without receiving a request, they must inform all employees in writing about what’s happening. You can complain to CAC if they do not.

Selection of employee representatives

Your employer must make sure that every employee is represented by at least one representative. They can choose whether this is done by appointing or electing the representatives but all employees have a right to be involved in this process.

Complain to CAC within 21 days of the selection of the representatives if you think your employer has not done this properly.

CAC may tell the employer to rerun the process for appointing or electing representatives.

If negotiations fail

If your employer does not enter negotiations or an agreement cannot be reached then they must give you the following information and consult with you on:

what the company or organisation is doing, its economic situation and its future prospects

any changes to employee numbers and organisation, employment prospects, and particularly any threats to jobs within the company or organisation

decisions that might lead to changes in work organisation or in employment contracts including TUPE transfers and collective redundancies

Complaints when an agreement is in place

Complain to CAC by filling in the relevant form if you believe:

your employer has not complied with the terms of an agreement

your employer has made an unreasonable request that you keep information confidential

that disclosing particular information would harm your business

cover all employees

Overview

This may include:

the company or organisation’s performance, for example financially and competitively

any changes to your working conditions and employment prospects

This is called an information and consultation agreement.

Your employer can start negotiating an agreement without a request from its employees.

How to make a request

Check that you’re eligible.

Write to your employer or the Central Arbitration Committee (CAC) with your request.

Eligibility

To make a request, you need to be an employee of a company or organisation which has both:

at least 50 employees

its registered office, head office or main operation in England, Scotland or Wales

its head office or registered office is in England, Scotland or Wales

the majority of its employees work in England, Scotland or Wales

Number of employees needed to take part

Employees can either individually request an arrangement or make a single request as a group.

For the request to be valid the following must apply:

at least 2% of all the employees in the company or organisation make a request

at least 15 employees must make the request

individual requests must be received within a 6 month period to be counted together

Find out the number of employees

You can write to your employer to ask how many people they employ.

You can complain to the Central Arbitration Committee (CAC) if:

your employer refuses to provide the number of employees

you think the number they’ve given you is wrong

Download and fill in the complaint form and send it to the address on the form.

Make a request

You can either write to:

your employer to request an arrangement

Request direct to your employer

Include the following:

the date you’re making the request

your name and the names of any other employees included in your request

Request through CAC

Email enquiries@cac.gov.uk with the following:

the date you’re making the request

your name and address

your employer’s name and address

the name of the manager who represents the employer

CAC will tell you and the employer how many requests have been made, without revealing the names of the employees.

What happens next

If more than 40% of employees have requested an agreement, your employer must start negotiating with you.

If less than 40% of employees have requested an agreement, your employer can:

say that there’s already a pre-existing agreement

hold an employee ballot to see if they should start negotiations

An employer can dispute the validity of any request.

Pre-existing agreements

Your employer may say there’s already an agreement about keeping you informed and consulting you.

cover all employees

have been agreed by those employees

You can complain to CAC if you do not agree there’s a pre-existing agreement.

If a ballot is held

Your employer may hold a ballot (a vote) to decide if they should start negotiating.

They must:

tell you no more than 1 month after they get your request that they’re going to hold a ballot

hold the ballot no sooner than 21 days after they tell you about it

All employees must be allowed to vote in the ballot and the voting must be done in private.

Results of the ballot

Your employer must start negotiations with you if both these apply:

at least 40% of employees took part in the ballot

more than 50% of those voting supported the request for an information and consultation agreement

Complain about a ballot

Download and fill in the relevant complaint form and send it to the Central Arbitration Committee (CAC) if:

the employer has not told you that they’re holding a ballot within 1 month of getting your request - use form 8(7)

you believe the ballot was not fair - make the complaint within 21 days of the ballot using form 10(2)

Negotiate an agreement

The terms will need to be agreed and written down by your employer and the employee representatives.

Selection of employee representatives

CAC may tell the employer to rerun the process for appointing or electing representatives.

If negotiations fail

what the company or organisation is doing, its economic situation and its future prospects

Complaints when an agreement is in place

Complain to CAC by filling in the relevant form if you believe:

your employer has not complied with the terms of an agreement

your employer has made an unreasonable request that you keep information confidential

that disclosing particular information would harm your business

have been agreed by those employees

Overview

This may include:

the company or organisation’s performance, for example financially and competitively

any changes to your working conditions and employment prospects

This is called an information and consultation agreement.

Your employer can start negotiating an agreement without a request from its employees.

How to make a request

Check that you’re eligible.

Write to your employer or the Central Arbitration Committee (CAC) with your request.

Eligibility

To make a request, you need to be an employee of a company or organisation which has both:

at least 50 employees

its registered office, head office or main operation in England, Scotland or Wales

its head office or registered office is in England, Scotland or Wales

the majority of its employees work in England, Scotland or Wales

Number of employees needed to take part

Employees can either individually request an arrangement or make a single request as a group.

For the request to be valid the following must apply:

at least 2% of all the employees in the company or organisation make a request

at least 15 employees must make the request

individual requests must be received within a 6 month period to be counted together

Find out the number of employees

You can write to your employer to ask how many people they employ.

You can complain to the Central Arbitration Committee (CAC) if:

your employer refuses to provide the number of employees

you think the number they’ve given you is wrong

Download and fill in the complaint form and send it to the address on the form.

Make a request

You can either write to:

your employer to request an arrangement

Request direct to your employer

Include the following:

the date you’re making the request

your name and the names of any other employees included in your request

Request through CAC

Email enquiries@cac.gov.uk with the following:

the date you’re making the request

your name and address

your employer’s name and address

the name of the manager who represents the employer

CAC will tell you and the employer how many requests have been made, without revealing the names of the employees.

What happens next

If more than 40% of employees have requested an agreement, your employer must start negotiating with you.

If less than 40% of employees have requested an agreement, your employer can:

say that there’s already a pre-existing agreement

hold an employee ballot to see if they should start negotiations

An employer can dispute the validity of any request.

Pre-existing agreements

Your employer may say there’s already an agreement about keeping you informed and consulting you.

cover all employees

have been agreed by those employees

You can complain to CAC if you do not agree there’s a pre-existing agreement.

If a ballot is held

Your employer may hold a ballot (a vote) to decide if they should start negotiating.

They must:

tell you no more than 1 month after they get your request that they’re going to hold a ballot

hold the ballot no sooner than 21 days after they tell you about it

All employees must be allowed to vote in the ballot and the voting must be done in private.

Results of the ballot

Your employer must start negotiations with you if both these apply:

at least 40% of employees took part in the ballot

more than 50% of those voting supported the request for an information and consultation agreement

Complain about a ballot

Download and fill in the relevant complaint form and send it to the Central Arbitration Committee (CAC) if:

the employer has not told you that they’re holding a ballot within 1 month of getting your request - use form 8(7)

you believe the ballot was not fair - make the complaint within 21 days of the ballot using form 10(2)

Negotiate an agreement

The terms will need to be agreed and written down by your employer and the employee representatives.

Selection of employee representatives

CAC may tell the employer to rerun the process for appointing or electing representatives.

If negotiations fail

what the company or organisation is doing, its economic situation and its future prospects

Complaints when an agreement is in place

Complain to CAC by filling in the relevant form if you believe:

your employer has not complied with the terms of an agreement

your employer has made an unreasonable request that you keep information confidential

that disclosing particular information would harm your business

You can complain to CAC if you do not agree there’s a pre-existing agreement.

Overview

This may include:

the company or organisation’s performance, for example financially and competitively

any changes to your working conditions and employment prospects

This is called an information and consultation agreement.

Your employer can start negotiating an agreement without a request from its employees.

How to make a request

Check that you’re eligible.

Write to your employer or the Central Arbitration Committee (CAC) with your request.

Eligibility

To make a request, you need to be an employee of a company or organisation which has both:

at least 50 employees

its registered office, head office or main operation in England, Scotland or Wales

its head office or registered office is in England, Scotland or Wales

the majority of its employees work in England, Scotland or Wales

Number of employees needed to take part

Employees can either individually request an arrangement or make a single request as a group.

For the request to be valid the following must apply:

at least 2% of all the employees in the company or organisation make a request

at least 15 employees must make the request

individual requests must be received within a 6 month period to be counted together

Find out the number of employees

You can write to your employer to ask how many people they employ.

You can complain to the Central Arbitration Committee (CAC) if:

your employer refuses to provide the number of employees

you think the number they’ve given you is wrong

Download and fill in the complaint form and send it to the address on the form.

Make a request

You can either write to:

your employer to request an arrangement

Request direct to your employer

Include the following:

the date you’re making the request

your name and the names of any other employees included in your request

Request through CAC

Email enquiries@cac.gov.uk with the following:

the date you’re making the request

your name and address

your employer’s name and address

the name of the manager who represents the employer

CAC will tell you and the employer how many requests have been made, without revealing the names of the employees.

What happens next

If more than 40% of employees have requested an agreement, your employer must start negotiating with you.

If less than 40% of employees have requested an agreement, your employer can:

say that there’s already a pre-existing agreement

hold an employee ballot to see if they should start negotiations

An employer can dispute the validity of any request.

Pre-existing agreements

Your employer may say there’s already an agreement about keeping you informed and consulting you.

cover all employees

have been agreed by those employees

You can complain to CAC if you do not agree there’s a pre-existing agreement.

If a ballot is held

Your employer may hold a ballot (a vote) to decide if they should start negotiating.

They must:

tell you no more than 1 month after they get your request that they’re going to hold a ballot

hold the ballot no sooner than 21 days after they tell you about it

All employees must be allowed to vote in the ballot and the voting must be done in private.

Results of the ballot

Your employer must start negotiations with you if both these apply:

at least 40% of employees took part in the ballot

more than 50% of those voting supported the request for an information and consultation agreement

You cannot request a new agreement for 3 years if the results of the employee ballot do not meet both these requirements.

Complain about a ballot

Download and fill in the relevant complaint form and send it to the Central Arbitration Committee (CAC) if:

the employer has not told you that they’re holding a ballot within 1 month of getting your request - use form 8(7)

you believe the ballot was not fair - make the complaint within 21 days of the ballot using form 10(2)

Negotiate an agreement

The terms will need to be agreed and written down by your employer and the employee representatives.

Selection of employee representatives

CAC may tell the employer to rerun the process for appointing or electing representatives.

If negotiations fail

what the company or organisation is doing, its economic situation and its future prospects

Complaints when an agreement is in place

Complain to CAC by filling in the relevant form if you believe:

your employer has not complied with the terms of an agreement

your employer has made an unreasonable request that you keep information confidential

that disclosing particular information would harm your business


I am interested in requesting an information and consultation agreement with my employer. I have spoken to the whole office and everyone agrees that we should request this information. The problem is we are scared from being fired unfairly if we request this from out boss directly. Can we request this agreement without directly contacting out employer?

You can either write to:

Overview

You, together with other employees, can ask your employer to keep you informed and consult with you on issues related to your company or organisation.

This may include:

the company or organisation’s performance, for example financially and competitively

any changes to your working conditions and employment prospects

This is called an information and consultation agreement.

Your employer can start negotiating an agreement without a request from its employees.

How to make a request

Check that you’re eligible.

Write to your employer or the Central Arbitration Committee (CAC) with your request.

Eligibility

To make a request, you need to be an employee of a company or organisation which has both:

at least 50 employees

its registered office, head office or main operation in England, Scotland or Wales

There’s a different process if you work for a company or organisation based in Northern Ireland, unless both of these apply:

its head office or registered office is in England, Scotland or Wales

the majority of its employees work in England, Scotland or Wales

Number of employees needed to take part

Employees can either individually request an arrangement or make a single request as a group.

For the request to be valid the following must apply:

at least 2% of all the employees in the company or organisation make a request

at least 15 employees must make the request

individual requests must be received within a 6 month period to be counted together

Find out the number of employees

You can write to your employer to ask how many people they employ.

You can complain to the Central Arbitration Committee (CAC) if:

your employer refuses to provide the number of employees

you think the number they’ve given you is wrong

Download and fill in the complaint form and send it to the address on the form.

Make a request

You can either write to:

your employer to request an arrangement

the Central Arbitration Committee (CAC) - you can do this if you don’t want your employer to know you’re making a request

Request direct to your employer

Include the following:

the date you’re making the request

your name and the names of any other employees included in your request

Request through CAC

Email enquiries@cac.gov.uk with the following:

the date you’re making the request

your name and address

your employer’s name and address

the name of the manager who represents the employer

CAC will tell you and the employer how many requests have been made, without revealing the names of the employees.

What happens next

Your employer can start negotiating with you straight away if they choose to, regardless of how many employees have applied.

If more than 40% of employees have requested an agreement, your employer must start negotiating with you.

If less than 40% of employees have requested an agreement, your employer can:

say that there’s already a pre-existing agreement

hold an employee ballot to see if they should start negotiations

An employer can dispute the validity of any request.

Central Arbitration Committee (CAC) can be asked to decide if
requests are valid and if pre-existing agreements already exist.

Pre-existing agreements

Your employer may say there’s already an agreement about keeping you informed and consulting you.

A pre-existing agreement is a written explanation of how the employer informs and consults employees or representatives. It must:

cover all employees

have been agreed by those employees

You can complain to CAC if you do not agree there’s a pre-existing agreement.

If a ballot is held

Your employer may hold a ballot (a vote) to decide if they should start negotiating.

They must:

tell you no more than 1 month after they get your request that they’re going to hold a ballot

hold the ballot no sooner than 21 days after they tell you about it

Your employer might decide to hold a combined ballot of all employees if there is already an agreement (or more than one agreement) covering other parts of the business in addition to your own.

All employees must be allowed to vote in the ballot and the voting must be done in private.

Results of the ballot

Your employer must start negotiations with you if both these apply:

at least 40% of employees took part in the ballot

more than 50% of those voting supported the request for an information and consultation agreement

You cannot request a new agreement for 3 years if the results of the employee ballot do not meet both these requirements.

Complain about a ballot

Download and fill in the relevant complaint form and send it to the Central Arbitration Committee (CAC) if:

the employer has not told you that they’re holding a ballot within 1 month of getting your request - use form 8(7)

you think the employer is taking too long to hold a ballot after they’ve said they would and 21 days have passed - use form 8(8)

you believe the ballot was not fair - make the complaint within 21 days of the ballot using form 10(2)

Negotiate an agreement

You need to negotiate with your employer when they agree - or the Central Arbitration Committee (CAC) instruct them - to set up an agreement.

The terms will need to be agreed and written down by your employer and the employee representatives.

If the negotiations are started by the employer without receiving a request, they must inform all employees in writing about what’s happening. You can complain to CAC if they do not.

Selection of employee representatives

Your employer must make sure that every employee is represented by at least one representative. They can choose whether this is done by appointing or electing the representatives but all employees have a right to be involved in this process.

Complain to CAC within 21 days of the selection of the representatives if you think your employer has not done this properly.

CAC may tell the employer to rerun the process for appointing or electing representatives.

If negotiations fail

If your employer does not enter negotiations or an agreement cannot be reached then they must give you the following information and consult with you on:

what the company or organisation is doing, its economic situation and its future prospects

any changes to employee numbers and organisation, employment prospects, and particularly any threats to jobs within the company or organisation

decisions that might lead to changes in work organisation or in employment contracts including TUPE transfers and collective redundancies

Complaints when an agreement is in place

Complain to CAC by filling in the relevant form if you believe:

your employer has not complied with the terms of an agreement

your employer has made an unreasonable request that you keep information confidential

that disclosing particular information would harm your business

Overview

This may include:

the company or organisation’s performance, for example financially and competitively

any changes to your working conditions and employment prospects

This is called an information and consultation agreement.

How to make a request

Check that you’re eligible.

Write to your employer or the Central Arbitration Committee (CAC) with your request.

Eligibility

at least 50 employees

its registered office, head office or main operation in England, Scotland or Wales

its head office or registered office is in England, Scotland or Wales

the majority of its employees work in England, Scotland or Wales

Number of employees needed to take part

For the request to be valid the following must apply:

at least 2% of all the employees in the company or organisation make a request

at least 15 employees must make the request

individual requests must be received within a 6 month period to be counted together

Find out the number of employees

You can write to your employer to ask how many people they employ.

You can complain to the Central Arbitration Committee (CAC) if:

your employer refuses to provide the number of employees

you think the number they’ve given you is wrong

Download and fill in the complaint form and send it to the address on the form.

Make a request

You can either write to:

your employer to request an arrangement

Request direct to your employer

Include the following:

the date you’re making the request

your name and the names of any other employees included in your request

Request through CAC

Email enquiries@cac.gov.uk with the following:

the date you’re making the request

your name and address

your employer’s name and address

the name of the manager who represents the employer

What happens next

If less than 40% of employees have requested an agreement, your employer can:

say that there’s already a pre-existing agreement

hold an employee ballot to see if they should start negotiations

An employer can dispute the validity of any request.

Pre-existing agreements

cover all employees

have been agreed by those employees

You can complain to CAC if you do not agree there’s a pre-existing agreement.

If a ballot is held

Your employer may hold a ballot (a vote) to decide if they should start negotiating.

They must:

hold the ballot no sooner than 21 days after they tell you about it

Results of the ballot

Your employer must start negotiations with you if both these apply:

at least 40% of employees took part in the ballot

Complain about a ballot

Negotiate an agreement

Selection of employee representatives

If negotiations fail

Complaints when an agreement is in place

Complain to CAC by filling in the relevant form if you believe:

your employer has not complied with the terms of an agreement

your employer has made an unreasonable request that you keep information confidential

that disclosing particular information would harm your business


My work colleague Lucy  has raised a grievance about poor working conditions and the employer has arranged for a grievance meeting. Who can accompany her to the meeting?

You can be accompanied to grievance meetings (and any appeal meetings) by a:

Raise a grievance at work

Overview

If you’re a worker and you’ve tried solving a problem or concern informally by talking to your manager but you’re not satisfied, you can make a formal grievance complaint in writing.

Your employer should have a written grievance procedure that tells you what to do and what happens at each stage of the process. After raising the grievance you’ll have a meeting to discuss the issue.

You can appeal if you do not agree with your employer’s decision.

Read Acas’s guide to discipline and grievances at work.

Mediation can also help resolve a problem - this can take place at any time during the dispute.

Following the Acas code of practice

You and your employer should follow the Acas code of practice on disciplinary and grievance procedures.

Otherwise, if you take your claim to an employment tribunal, any compensation you might get could be adjusted by up to 25%.

Grievance procedure

Your employer should put their grievance procedure in writing and share it with all staff, such as on the company intranet or in the HR manual.

It should include information about:

how to set out the details of your grievance in writing

who to send your letter to

who to write to if the normal contact person is involved in the grievance

a meeting with your employer to discuss the issue

how to appeal your employer’s decision

how long each stage should take

Mediation

Mediation is when an independent, impartial third party discusses a problem with you and your employer (or between you and another employee) to try and find a solution. It’s often used after informal discussions have not solved the issue.

Mediation is voluntary and confidential. The mediator cannot force you or your employer to accept a solution - both parties must agree on the way to solve the dispute.

It should not be used for problems that have to be formally investigated (such as harassment or discrimination).

Read the Acas guide on mediation for more information.

You can find a mediation service in your area.

Grievance meetings

What happens at the meeting

The aim of the meeting is to establish the facts and find a way to resolve the problem.

Your employer will run the meeting. They’ll normally go through the grievance and give the worker the chance to comment. You can bring supporting documents if you want.

Who can attend meetings with you

colleague

trade union representative

You may also be able to bring a family member or Citizens Advice Bureau worker, depending on the HR procedure where you work.

After the meeting

Afterwards the employer will write to you setting out their decision along with:

details of any action they intend to take

information about how to appeal

Appealing a grievance decision

Your employer’s grievance procedure will set out:

who you should submit your appeal to

the time limit within which an appeal must be made

information about any meetings that will be held

how the appeal meeting will be run

You have the right to be accompanied during any appeal meetings. If possible, a manager who has not been involved in the process should handle the appeal.

After the appeal meeting your employer should write to you setting out their final decision.

colleague

Raise a grievance at work

Overview

You can appeal if you do not agree with your employer’s decision.

Read Acas’s guide to discipline and grievances at work.

Following the Acas code of practice

Grievance procedure

It should include information about:

how to set out the details of your grievance in writing

who to send your letter to

who to write to if the normal contact person is involved in the grievance

a meeting with your employer to discuss the issue

how to appeal your employer’s decision

how long each stage should take

Mediation

Read the Acas guide on mediation for more information.

You can find a mediation service in your area.

Grievance meetings

What happens at the meeting

Who can attend meetings with you

colleague

trade union representative

After the meeting

details of any action they intend to take

information about how to appeal

Appealing a grievance decision

Your employer’s grievance procedure will set out:

who you should submit your appeal to

the time limit within which an appeal must be made

information about any meetings that will be held

how the appeal meeting will be run

trade union representative

Raise a grievance at work

Overview

You can appeal if you do not agree with your employer’s decision.

Read Acas’s guide to discipline and grievances at work.

Following the Acas code of practice

Grievance procedure

It should include information about:

how to set out the details of your grievance in writing

who to send your letter to

who to write to if the normal contact person is involved in the grievance

a meeting with your employer to discuss the issue

how to appeal your employer’s decision

how long each stage should take

Mediation

Read the Acas guide on mediation for more information.

You can find a mediation service in your area.

Grievance meetings

What happens at the meeting

Who can attend meetings with you

colleague

trade union representative

After the meeting

details of any action they intend to take

information about how to appeal

Appealing a grievance decision

Your employer’s grievance procedure will set out:

who you should submit your appeal to

the time limit within which an appeal must be made

information about any meetings that will be held

how the appeal meeting will be run

Raise a grievance at work

Overview

You can appeal if you do not agree with your employer’s decision.

Read Acas’s guide to discipline and grievances at work.

Following the Acas code of practice

Grievance procedure

It should include information about:

how to set out the details of your grievance in writing

who to send your letter to

who to write to if the normal contact person is involved in the grievance

a meeting with your employer to discuss the issue

how to appeal your employer’s decision

how long each stage should take

Mediation

Read the Acas guide on mediation for more information.

You can find a mediation service in your area.

Grievance meetings

What happens at the meeting

Who can attend meetings with you

You can be accompanied to grievance meetings (and any appeal meetings) by a:

colleague

trade union representative

After the meeting

details of any action they intend to take

information about how to appeal

Appealing a grievance decision

Your employer’s grievance procedure will set out:

who you should submit your appeal to

the time limit within which an appeal must be made

information about any meetings that will be held

how the appeal meeting will be run