I have been with an agency about 2 months and decided
to move on to another agency because this agency promised
but did not deliver so I phoned them up and got the same old
bull and the phone slammed down on me.
They owe me for 5 days work but started playing games like
we not received your timesheet. so I made sure they got it
and I have the signed original and digital tacho printout for
the last day I worked for them but still no money in my bank
and they not answering my commutations now.
Also this agency are paying £8 for nights, days and weekends is this legal?
Get hold of the client you worked for those 5 days, and find out if the agency has already invoiced them for the work you did.
If they prove that they not only got an invoice, but have paid it some time since (get the client to give you a copy!), then the agency is outright stealing your wages.
Theft is a matter of common law, so you can involve the police.
On the other hand, if the client has NOT been invoiced, then they appear then to have genuinely mislaid your time sheet provided. Give them another one, and stand over them whilst they process it if need be.
And yes, £8 flat rate is perfectly legal, they are only obliged to pay at or over the minimum wage, it’s up to drivers as to whether they are willing to accept the rates.
Nothing works better than a lawyer. If they see that they are not only gonna have to pay you but also legal costs they soon cough up.
If you don’t want to do that then small claims court will have the same reaction. It’s just sour grapes from yet another lying, cheating, thieving agency… all agencies should be ilegal.
Stop going to agencies and they will one day go under and serves them all right.
I`d call into to the office and hand deliver copies of the nessesary paperwork (digi print, timesheet, invoice etc) to make sure that they receive it.
try to sit down and discuss with them, without loosing your cool. Hopefully an ammicable result will be reached.
IF they point blank refuse to pay you, irrespective of whether the client has paid them, (as your contract is with the agy and not the client) you should point out that you will lodge a claim with the local small claims court to recover the outstanding monies.
Write to them, give them fourteen days to pay in full, otherwise go here moneyclaim.gov.uk/web/mcol/welcome and take out a small claims court summons against them. Add a few hundred pounds for your time and trouble so far (Last time I used it I added £500) and then issue the summons against them. If you do have to go to the Small Claims Court, claim for your loss of earnings on the day(s).
convoy:
Also this agency are paying £8 for nights, days and weekends is this legal?
Perfectly. There is no legal requirement to get paid overtime, get paid more for working nights, weekends or bank holidays. As long as its national minimum wage or above, its legal unless you’re self employed then it is legal if its below national minimum wage.
I have never had a problem before I just sent an email with attached timesheet then usually got paid. This time first one sent no confirmation saying they got it but the second one I know they read my email as I get an email response saying email read but I suppose that’s not enough to say the got the attached timesheet I suppose but im getting no communication from them saying they haven’t got it or no wage slip and no money in bank yet.
I did not know it was £8 flat rate until I got wage slip and paid also they promised £12 an hour when they phone you for work on a saturday but you find out on thursday when wage slip comes and money in bank its flat rate £8. I accepted it for 2 months and have moved on but deserved to be paid as I did complete my work with no problems until I told them I don’t wont to work for them anymore.
Regarding what pat and others might say about not working for agency’s its hard not to as not many full time jobs out there and companies use agency’s for workers and then when they wont them full time complain about paying the agency £2000 to £3000 for you.
I seen that link harry when I google agency’s not paying and got that link in a solicitors advice reply. I think it costs £70 to set it up.
Is there a way to get your P45 back quicker if they play silly games?
convoy:
Is there a way to get your P45 back quicker if they play silly games?
You don’t need one to get a new job, just tell your new employer you haven’t got one and they get a P46 (new employee without P45) form from the Inland Revenue for you to fill in. You might pay emergency tax for the first week or two but you will get it back.
Hi.
I had the same problem with an agency years back. If they are trying to tell you that they have not been paid, that’s bull. You work for, and get paid by the agency, not the firm that you are contracted too. If you dont get anywhere take them to small claims court. As for the £8 an hour pay, they could pay the minimum wage for all hours worked, it’s up to the driver if they want to work for it.
Before you try a solicitor, this might be worth a punt.
Most half-decent agencies (yes there are a few contrary to popular belief ) are members of this organisation;
And if what you say is right, if yours is a member I reckon they’ve probably breached the REC’s code of practice. Find out if they are current members (list on the website) and if they are threaten to complain to their Chief ■■■-bah. I’m not guaranteeing anything but it might be worth a try.
I’m going to take an educated guess that somewhere in the paperwork Convoy was given when he sign up with this agency, is the paragraph about min rate to be paid, and hand written into that paragraph will be £8/hr. this is something I’ve seen dozens of times & It’s always £8/hr, so I’m guessing it’s a default figure the local agys put down.
As for the particular agy in question, and those 2 involved in running it.
I know who they are, Our paths have crossed many years ago when they worked for Alison at Driverhire Sheffield, When the DH office was based on attercliffe rd. I wouldn’t like to speculate on an open forum the reasons why DH went under, but I do know that the 2 gents in question opened this agy shortly afterwards
) are members of this organisation;