I’ve been knocked two shifts money from an agency I worked for over Xmas. I’m a ltd company driver.
I had a minor incident and broke a passenger mirror but the company I was working for said this would be covered by their insurance, and the agency never mentioned this coming back to me. But I have a feeling they are going to say this is why they haven’t paid me.
But is there an official ombudsman or regulating body that protects agency workers from any grey areas or malpractice by agency’s?
It has become very common practice for UK employers (both - companies and agencies) not to pay to their drivers lately.
Sometimes it almost feels like back in the Easter Europe nowadays in UK…
99% you ain’t getting anything from them, welcome to the club… for future never take pay monthly job on as a driver, and never work more than 1-2 days for agency before testing if they are payers or ain’t
Downloaded the GOV.UK PDF on this lot. A quick glance tells me it’s more concerned with agency workers rights and agency compliance of regulation than individual disputes over cash or contract issues Having said that, a phone call or an email to them wouldn’t hurt.
In short the OP has been ripped off. If he’s agreed damages in his contract then he’s lost the money. If he hasn’t then in my experience negotiation with these blood sucking parasites is pointless.
Hit them first and hit them hard with threats of legal action.
This. It’ll be in your own terms of contract that you and the agency will have agreed and signed before you did any work for them.
You did state in that contract that you, your company and any of it’s employees aren’t liable for any damage however caused didn’t you?
There’s the key.
And to go further:
Stinka:
I had a minor incident and broke a passenger mirror but the company I was working for said this would be covered by their insurance, and the agency never mentioned this coming back to me.
You are working for your own company. Your company has a contract with the Agency. The Agency has a contract with the Haulier.
Anything the Haulier said to you, outside of instruction about the job, is irrelevant.
If the Agency is not honouring their contract with your company, then your company must chase them.
Ombudsmen are there to help individuals with grievances against companies, not resolve business disputes.
I’ve been knocked two shifts money from an agency I worked for over Xmas. I’m a ltd company driver.
I had a minor incident and broke a passenger mirror but the company I was working for said this would be covered by their insurance, and the agency never mentioned this coming back to me. But I have a feeling they are going to say this is why they haven’t paid me.
But is there an official ombudsman or regulating body that protects agency workers from any grey areas or malpractice by agency’s?
What was in your terms of business about your Ltd Company’s liability you got the agency to sign? If you don’t have any, and I’m assuming you don’t, then they can charge you what they like for damages. If you don’t have a set of terms of business which state when invoices have to be paid they can pay you when they choose, there’s nothing to say when they have to. I had a set of terms of business which you can find on this website I got all my clients to sign and one of the clauses was that my company was not liable for costs or losses from any damage resulting from the action of myself or any employees of my company. So if I were in your position I’d point them to that and tell them to cough up. And because I also had a clause stating when invoices had to be paid then I could go after them when they hadn’t and charge interest.
An ombudsman if there was one wouldn’t be interested because the agency is a customer of your limited company, not your employer. It is therefore a business to business dispute and if you can’t get anywhere you’ll have to invoice them then take it to county court when they don’t pay.
This is what happens when people who have no clue about running a business decide to do mickey mouse self employment and set up as Ltd to get the tax perks. They don’t follow basic standard long established procedures and it bites them in the arse.
I’m scratching my head as to why there are agencies begging for more drivers out there, that don’t have a bad rep for such “pay issues” - and yet we keep hearing of “Bloggs UK Staffing” type firms that cause all the bad reputations that the wider spectrum of agencies seem to get tarred with the same brush by?
We should be able to name and shame cowboy outfits among agencies - lest the rest of us can avoid them, and we don’t have folk among our number here on this board posting “Wotzit like to work at Drivemup Vawall Agency”
You say : you have a feeling for the reason they havnt paid you `.personally, I would get the fact first by talking to them, ask them yourself why you havnt been paid, and ask the reason why ! Then if you dont get the response you want, tell them your going to the small claims court, and it will cost them more as theres costs involved.
Agency tried it on with me for a shift I did for Culina. A load of pesto in crappy little jars shifted and went everywhere, so Culina didn’t pay them for the shift and in turn they decided not to pay me for the shift.
A game of chicken then ensued, but it was quite a short one (In my best ‘pools’ announcement voice…) Beaver FC 1 Pointy shoe United 0
(In my best ‘pools’ announcement voice…) Beaver FC 1 Pointy shoe United 0