I know it’s not totally relevant to truck net but my girlfriend works for a agency as a make up artist and the agency has asked her to refund money from a job done 23 months ago because they could not get paid and now the firm has gone into liquidation. The question I put to trucknet is this normal practice… All replays welcome.
Just to clarify, she’s a make up artist who was employed by the agency to cover a job for the agency client, which she did and was paid for?
This client has now gone belly up and the agency want their money back from their own (effective) employee!?
Totally ludicrous unless I have misunderstood the situation completely.
I’ve worked in several industries and have never heard of anything like it. We frequently have agency nurses in who are paid by their agency, I can see no situation where the agency has the right to request wages back unless incorrectly paid (and there’s a time limit on that) or if it was specifically written into a contract for just such a situation.
She worked for the agency not the other firm and they have to pay her.
If they cant get their money from the firm its tough luck and your girlfriend need not pay a penny back if she has completed her work.
As said your girlfriend has a contract with the agency not the customer surely if the agency hasnt got paid after that long its the agencys fault.
Your girlfriend has honoured her contract with the agency and they have no come back asking for the money would tell em where to go and find another agency.
These are the type of responses I was hoping for but great to get it clarified because I was doubting my judgement. Thanks for your views they will help with our reply to the agency.
If they pay her PAYE then she is their employee covered by the same rights as any other employee. Also point out that any deductions from her wages are unlawful.
If she uses an umbrella company or bills the agency as a self employed person they’re entitled to ask and she’s entitled to tell them to sod off because her contract is with the agency, not the end client, and ultimately it would end up in county court.
She is self employed and they send her a cheque at the end of each month.
By law, the agency must pay the worker regardless of them being paid by the client. Tell them where to go in a rather rude fashion as that normally has the desired effect.
be careful when you tell them, if they pay at the end of the month wait until she gets paid then tell them and do no more work it might just stop them taking it out of her last pay
As above, she is not liable for the loss…the Agency are. The big ‘but’ is if she refuses to pay will the Agency call her again? Agencies primary task is to please its clients not its ‘work seekers’.
David H:
As above, she is not liable for the loss…the Agency are. The big ‘but’ is if she refuses to pay will the Agency call her again?[/color] Agencies primary task is to please its clients not its ‘work seekers’.
No they probely wont call her again,but if id been asked for MY PAY FOR A JOB I DID ,back…I would not want the parasitic ,pond-scum to call me again.
Like as the rest of the posters have said ,she gets paid by the agent not the customer,if customer go down the crapper…thats THERE problem…These leeches are trying it on
Boris1971:
She is self employed and they send her a cheque at the end of each month.
Even self-employed makes no odds - I have self-employed people working for me currently and again the only way I could claim fees already paid back is if there is a specific clause in their contract and even then it is worded in a manner that means it is only if I can show that they provided a sub-standard service that I have come back. Simply not being paid by the client is not enough (unless I only pay out once paid but again in this situation your gf has already been paid, and a long time ago at that).
I would think they have even less ground to stand on as self-employed, as she will have invoiced them for a job, and they paid - end of.
Is their request worded in a demand or are they just saying they never got paid and are asking if she would be prepared to give some back? If they are ‘demanding’ I would recommend finding legal help.
tell em to ■■■■ a bag a dicks
This is naughty behaviour even by the standards one should expect of an agency. If they haven’t been paid by the client then it is their problem, not your lady’s. If it was me then after I’d finished laughing at them I’d tell them to FRO.
Tell them to phone someone who gives a ■■■■!
They are now saying it is agency policy and she should of been told. So we are going to ask for a copy of the policy and see what happens. Thanks for your replys it has reassured my girlfriend we are doing the right thing by taking a stance.
My exact recall of the small print is a bit rusty, but you should note that agencies in the entertainment business (which I presume this one is) operate under somewhat different rules to driving agencies etc. Specifically they can charge fees to workers, but IIRC there’s a rake of other stuff too.
I suggest you get specialist advice.