Translator agency, Thebigword, with £15m government contract denies workers holiday pay and minimum wage

https://www.solicitorsjournal.com/sjarticle/translator-agency-thebigword-with-15m-government-contract-denies-workers-holiday-pay-and-minimum-wage

27 Jun 2024

Translator agency, Thebigword, with £15m government contract denies workers holiday pay and minimum wage

A translator agency holding a £15 million government contract is accused of denying interpreters and translators their rightful worker benefits, according to law firm Leigh Day. The firm represents interpreters and translators working for thebigword, arguing that these individuals should be classified as workers and thus entitled to holiday pay and at least the minimum wage.

In the UK, employment status is categorised into employees, workers, and self-employed independent contractors, each with different rights. Currently, thebigword classifies its interpreters and translators as self-employed independent contractors. However, Leigh Day contends that due to the nature of the company’s engagement process—including a detailed recruitment procedure, provision of branded equipment, fixed pay rates, and restricted ability to substitute others—these individuals should be classified as workers.

Thebigword, headquartered in Leeds, offers telephone and face-to-face interpreting and translation services to various government bodies, including the Ministry of Justice, Department for Work and Pensions, Home Office, Ministry of Defence, Probation Service, UK Border Force, NHS, HM Revenue and Customs, local authorities, and emergency services.

Leigh Day believes these translators and interpreters may be entitled to compensation for back pay. However, the company will only be legally required to compensate those who have filed a claim. Leigh Day is handling these cases on a ‘no win, no fee’ basis, meaning claimants will not incur costs unless their claim is successful.

A translator, referred to as Aman, has been with thebigword for seven years without any pay increase. He shared his experience, noting discrepancies between his pay and that of thebigword representatives, despite increased client charges. Aman also highlighted operational issues, such as being given incorrect job addresses and facing burdensome administrative processes for submitting timesheets, which result in delayed payments.

Aman expressed his frustration, stating, “There have been times when I’ve gone to a job, and they’ve given me the wrong address. I’ve travelled for two hours or so to get to the job and I can’t do what I’ve been hired to do because I’m in the wrong place, so I lose out on the money for that job. They have no leniency when interpreters make errors, but when the error is theirs it’s a different story. You also don’t get paid the same month as doing the work—you get paid at best 60 days after the job has been invoiced."

Gabriel Morrison, a solicitor in Leigh Day’s employment team, criticised thebigword's practices, saying, “Companies like thebigword who rely on ‘gig’ workers should not be exploiting the system by denying them the rights they are entitled to. Thebigword prides itself on being one of the largest language service providers globally, and clearly the translators and interpreters it works with are key to that success and should be paid fairly."

Morrison emphasised the additional stress of not receiving fair wages during the cost of living crisis and expressed hope that a group claim would prompt thebigword to address these issues urgently.