GLAA Brief 83 - Charge Rate Guidance - April 2024

This Brief publishes the latest guidance on indicative minimum charge rates between labour providers and labour users, effective from 1 April 2024. This Brief replaces GLAA Brief 80.

A pdf version of this Brief can be found via the link below

GLAA Brief 83 - Charge Rate Guidance

Introduction

This indicative guidance sets out the minimum charge rates to apply between a labour provider and labour user. The rates cover statutory requirements as well as a basic overhead. This latest guidance takes account of new national minimum/living wages, increased labour sourcing and retention costs and Scotland, Wales and Northern Ireland agricultural minimum wage increases.

These rates are effective from April 2024. The rates do not include any margin for a labour provider’s profit. The figures have been compiled for the GLAA by the Association of Labour Providers (ALP). This Brief replaces GLAA Brief 80.

The figure for Overhead and Service Charge Costs is indicative only and will vary with each contract depending on the efficiency of a labour provider and the particular circumstances of the client and site to which labour is supplied. The actual rate charged is a commercial agreement between the labour provider and user. Any agreed rate should take into account the particular costs of supply. Charge rates lower than those in the rates tables plus a sustainable net margin may indicate illegal activity - unless there is a legitimate and demonstrable explanation.

Definitions and Explanations

The numbers below refer to the numbered charge elements in the rates tables above:

1.    The hourly minimum rate represents the National Minimum/Living Wage and Agricultural Minimum Wage for grade 1 (or equivalent) workers on commencement. Overtime is calculated differently and has too many variables to provide an example here. Please choose ‘Overtime’ in the Category drop down on the Online Charge Rate Calculator to calculate both costs and charge rates for overtime. Agricultural rates* are paid in Scotland, Wales and Northern Ireland, and have different rates, allowances, overtime, sick pay and holiday pay rules. The main differences are laid out below, but employers should familiarise themselves with the detail of the appropriate agricultural wages order by clicking on the link on each country. There is a single minimum rate of pay for agricultural workers in Scotland, irrespective of age, hours worked or type of work. Workers with appropriate qualifications are entitled to an additional sum of at least £1.71 per hour. During the first 26 weeks service, overtime must be paid at time and a half after 8 hours a day or 48 hours a week; after 26 weeks service, overtime must be paid after 8 hours a day or 39 hours a week. Agricultural workers in Wales are paid at a rate equivalent to NMW/NLW plus 2.5% and must be paid overtime at time and a half after 8 hours a day and on public holidays and for any hours over the normal working hours in the employment contract. The rate increases in Northern Ireland after 40 weeks’ service for workers aged under 21. Overtime must be paid at a minimum of time and a half after 39 hours of work. 

2.    Employer’s National Insurance (NI) must be paid at 13.8% on earnings above the secondary threshold of £175 per week for workers aged above 21. The first £175 is NI free (NI free up to the Upper Secondary Threshold for workers below 21). The NI figures for non-overtime rates are based on 40 hours worked other than in agriculture in Northern Ireland where it is 39 hours. Where the worker works less than 40 hours in the week, the NI cost to the labour provider will be correspondingly less than that shown, if they work more than 40 hours in the week, the cost to the labour provider will be more.

3.    Holiday Pay - All workers are entitled to at least 5.6 weeks’ holiday calculated at an hourly cost of 12.07% of pay plus employers’ NI and pension. Labour providers may choose to pay holiday pay when it is taken, or as part of their hourly rate (known as rolledup holiday pay). Rolled-up holiday pay has the effect of increasing statutory costs, since it is paid in additional to normal pay, rather than instead of. See Brief 252 for more information. Agricultural workers in the devolved nations have some different rules on holiday pay: a. Agricultural workers in Scotland employed over the festive period are entitled to be paid for Christmas Day and New Year’s Day, in addition to their normal holidays. This is not included in the calculation table in this document. Charge Rate Guidance April 2024 8 Association of Labour Providers www.labourproviders.org.uk info@labourproviders.org.uk 01276 509306 b. Agricultural workers in Wales are entitled to a variable amount of “total annual holiday entitlement” depending on how many days per week they have retrospectively worked. Based on a 5-day week, workers are entitled to 31 days paid annual holiday from the first day of work equivalent to 13.54% of the hourly rate, NI and pension. c. After the completion of 12 months’ continuous employment with the same employer, agricultural workers in Northern Ireland are entitled to 5.8 weeks paid annual holiday equivalent to 12.07% of the relevant hourly rate, NI and pension.

4.    The Apprenticeship Levy applies to all employers with a payroll of over £3 million (including agency workers on contracts for services) and is a statutory charge of 0.5% on all pay elements subject to employer’s NI.

5.    Pension auto-enrolment is a statutory minimum of 3% of qualifying earnings for eligible workers who have not opted out. The calculation assumes all workers are eligible and enrolled on day one. However, most labour providers defer payment for the first three months, a proportion of workers will not be eligible and a further proportion will opt out. Labour providers may choose to calculate their actual cost of statutory pension provision across their business or an individual client and use this more accurate costing instead.

6.    This figure shows the actual minimum unavoidable Total Wage Costs to meet minimum legal requirements.

7.    Provision for statutory sick pay absence, in line with the Defra estimate of 2 weeks at £116.75 per week accrued on normal time only, not on overtime. This figure also covers the 8% of statutory maternity, paternity, adoption and statutory shared parental pay payments that must be met by the labour provider and any holiday pay that is accrued during statutory leave. Agricultural wages sick pay is payable in Northern Ireland, Scotland and Wales after 52 weeks’ employment.

8.    Guideline minimum labour provider overhead & service cost - this will be different for all labour providers and is intended as an average indicative figure that allows labour providers to operate a compliant and sustainable business. It includes all business costs such as staffing, management, training, premises, IT and telecoms, insurance, payroll and banking, and is based on payment terms of 7 days. It does not include any allowance for the cost of extended payment terms or for the provision of specific goods or services, such as transport, accommodation or PPE.

9.    This is the total hourly cost of supply but does not include any margin to cover labour provider profit.

Further information 

1.                  If you have any questions regarding the figures in the above tables, please contact the ALP Association of Labour Providers.

2.                  If you any further queries, please contact the GLAA Contact Centre on 0345 602 5020 or email licensing@gla.gov.uk.