I made a post on Trucknet and received a phone call from the manager at the Hull office telling me one of the bigwigs from the head office wanted to talk to me in person about it which I agreed to as I have all the information from ACAS proving them wrong.
I was supposed to receive a phone call confirming an appointment at the Hull office for this last Friday. Suffice to say that a phone call hasn’t been received.
I’ve posted this message here because it appears someone from there reads the forums and it seems the only way to get any action out of them.
To recap, I’ve been screwed out of my holiday pay because the stupid bint in the pay office doesn’t know how to apply the 12 week average rule when calculating pay and also said that it was so little it wasn’t worth bothering with. EVEN IF IT IS ONE PENCE, IT IS NOT THEIRS TO KEEP.
If you’ve not done any work for them in the last few weeks then apply for holiday pay, then they average the previous 12 weeks including the few weeks you’ve not done any work which is illegal as any week for which no pay was due should have been replaced by the previous week when it was. THis is the mistake they’re making.
THe woman in charge of the pay office refuses to acknowledge any mistake. She has failed to provide documentation outlining how they calculate holiday pay which is also illegal and she also said that it was so little that it wasn’t worth paying, again something which is illegal.
I gave them the chance to resolve it and they are trying to fob me off so I think going to take it to an Employment Tribuneral. Unfortunately for them, that’ll end up being very expensive as they’ll be proven to have applied the 12 week average rule incorrectly and will have to pay back EVERY SINGLE FORMER EMPLOYEE all the holiday pay they’ve screwed them out of.
Perhaps if the incompetent bint running the pay office hadn’t been so shirty, it wouldn’t have got this far.
As an Employer, I found out to the tune of £5500 thtey are a bad thing.
Its catch 22
You use a solicitor and they charge £5k + you dont use a solicitor and it costs you £5k +
Good Luck, as the Agency really doesnt have a cat in hells chance of winning, If I were them I’d be getting a settlement offer made before it goes too far.
Good Luck.
Bad employers like this deserve everything they get.
Are they a member of one of the agency standard groups or similar ? If so I would also be stirring things up there. as stealing from employee’s must be against any reasonable standard of conduct.
And don’t forget most people only oil the squeaking wheel.
kc:
Good Luck.
Bad employers like this deserve everything they get.
Are they a member of one of the agency standard groups or similar ? If so I would also be stirring things up there. as stealing from employee’s must be against any reasonable standard of conduct.
And don’t forget most people only oil the squeaking wheel.
Go for it Conor…they deserve everything they are about to recieve…Good luck
And remmenber that they hate bad publicity,phone the local papers etc.When I was some what younger I took a firm to court,they had a director(what a ■■■■■■■■ lawyer and a reporter from the local press.Because the case when on into the afternoon the reporter had to go and find an other story as a fill in,take them to court and show them up for what they are…
Not for me they weren’t years ago. They don’t operate like normal courts, they allow hearsay evidence from people who are not present and they let an opposing witness leave the court before giving me the chance to cross examen him saying it was my fault for not butting in
Just a thought.
But have you considered complaining to the Police ?. Shops use both criminal law to prosecute thieves & civil law to reclaim lost money. So why don’t you ?.
If this agency has admitted it owes you some money but is refusing to pay it. “Its not worth it” it is surely an admission of intensional theft in any reasonable individuals mind, thus surely it’s worth a formal complaint of theft to the Police.
You could also pay a couple of quid & get a company house report on this company (that will contain directors home addresses etc.) These directors must be worth contacting directly to be made aware of this problem , especially given that ultimately they are the ones accused of stealing from you.
You could also start a blog listing your problems, who you have seen, who you have contacted etc etc. Thus making it & their addresses public knowledge & easily found by a search engine .
It all adds to the problem factor & increases the pressure on the office moron responsible for this problem to deal with it competently & professionally.
Have received a letter this morning along with a cheque. It’s dated before the start of this update thread so I won’t say that it has been as a result of it. Not quite convinced it’s for what I reckon it should be but it’s close. How the company works out the holiday pay has a bearing on it as it is possible to actually come out with at least 3 different figures dependent on how a company calculates it.
THey’re going to contact me within the next couple of weeks to discuss it, particularly in regards to how they communicate their practices as I think this has been part of the problem. It could be that if things had been laid out clearer, a problem would have been identified long before it got to this.
If there is any Protemp employee who has anything that they think the company could have done better, would you please leave me a personal message? I’m thinking along the lines of things you think you should have been told, particularly when signing up but didn’t feel you were, not that you didn’t get a little pocket diary and a fancy pen
I won’t be passing on names but I’ll pass on the concerns.
I no longer work for them so it won’t benefit me (OTOH I can’t be sacked either) but if it helps them, and subsequently you, then I might as well take the opportunity whilst it presents itself.
To be fair to them, it appears they are going that extra to resolve it. I certainly know of more than one agency that wouldn’t. On the face of it, they appear concerned that I was less than impressed.
Apart from this, I’ve not had any issues with them and I even agree with the reasons why I was sent my P45 and I think that if I ran an agency, I would do too rather than have people on the books for months on end who actually don’t do any work at all.
