Employment ET - Not being paid for hours worked? ***WON WITH COSTS***

[Hacked_Off]

HSE

 

Hmrc

 

Pay and work rights helpline

[Hacked_Off]

Dunno what's going on here. Payslip says

 

Pay x

Bonus/commission 18.93.

 

Added together The total is right but why have they included my worked hours in bonus?

[ericsbrother]

still dodging NI contributions.

[Hacked_Off]

There having a big meeting tomorrow. I'd love to be a fly on the wall!!

[Hacked_Off]

Just wanted to clarify covert recordings. I know I'm not allowed to let a third party listen to it, but am I allowed to pass along transcripts to the authorities?

[ericsbrother]

If it is evidence of a crime, yes. you would then have an obligation to pass on the recordings.

[Hacked_Off]

Now there saying (in writing) that we will not be paid until work is "signed off". So basically the client can say nope not happy and we don't get paid!!! Can anyone direct me to the law regarding this?

 

They have also changed our payday without warning, were actually being told on the day we should have been paid it will now be tomorrow!!

[Hacked_Off]

Ok so the latest is ive been sacked! I didn't turn into work due to not being paid, as did two others. I literally had nothing to get in or eat whilst there etc same as the other two. I made it pretty clear to the agency who I would be reported them to and why, whistleblowing? then two hours later we all got sacked!! Can anyone confirm if agency workers are able to go for unfair constructive dismissal?

[Emmzzi]

Presumably your agency contract details notice periods? What does it say?

[Hacked_Off]

Presumably your agency contract details notice periods? What does it say?

 

iii) If casual work is offered and accepted, you will be told the approximate duration of the assignment available but either you or the company may terminate the assignment by giving one day’s notice.

[Emmzzi]

so that sounds like you are entitled to a day's pay?

[Hacked_Off]

I would have thought so bit they don't seem to know there own contract! They keep asking me were it says were paid on Monday, it's in the contract!

[ericsbrother]

You are obviously owed money so you need to calculate how much and that will include the day you were dismissed (and any other contractual notice period). You would also be advised to inform the DWP and HMRC about your tax and NI problems. As for the agency, again send them a sheet of your calculations of work hours done and pay received along with the breakdown of the calculations shownig supposed bonuses in lieu of real worked time and let them know that you are seeking £x as recovery of the shortfall of pay you have received and ask them to make the calculations for the NI contributions. If you are able to do so, get your colleagues to do the same so the agnecy know that there is a depth to this problem that wont be going away withour proper action.

[Hacked_Off]

You are obviously owed money so you need to calculate how much and that will include the day you were dismissed (and any other contractual notice period). You would also be advised to inform the DWP and HMRC about your tax and NI problems. As for the agency, again send them a sheet of your calculations of work hours done and pay received along with the breakdown of the calculations shownig supposed bonuses in lieu of real worked time and let them know that you are seeking £x as recovery of the shortfall of pay you have received and ask them to make the calculations for the NI contributions. If you are able to do so, get your colleagues to do the same so the agnecy know that there is a depth to this problem that wont be going away withour proper action.

 

 

I've done all of that

 

Been emailing all day asking what my holiday hours are (I've already worked it out) but there not responding. In think the hamster is running overtime on the wheel!!!

[Hacked_Off]

There now completely ignoring me re holiday hours. Hmmf.

[Hacked_Off]

"I am writing in response to your recent emails and to offer some clarity on the points you have raised.

 

I can confirm you have been temporarily suspended from our X site as we are currently in dispute over your recent placement. Once this is resolved the suspension will be lifted and you will be able to continue to apply for roles.

 

Regarding holiday pay, we would ordinarily pay holiday pay every quarter in line with our terms and conditions: "Holiday pay will be accrued based on the applicable rate and paid at the end of every quarter assuming that enough time has been worked to accrue over £20 of holiday pay. Anything less than £20 will be accrued to the next quarter"

 

However in this instance as a gesture of good will we will make a payment of £44.69 holiday pay on Tuesday. This amount includes holiday accrued up to and including the 5.5 hours you worked on Monday. That payment will be made as usual before the end of business banking on Tuesday.

 

You have previously mentioned that you are owed loss of earnings, due to

Redwigwam being in breach of contract because you were unpaid. Our terms

and conditions state that we will make payment on a Tuesday before the end

of business banking hours. This is also stated in the confirmation email

you receive when jobs are accepted. Therefore Red Wigwam have not broken

any of our terms as we did make payment to our account on Tuesday.

 

With regards to notice as you have pointed out it is in our terms and conditions to give one days notice of termination of an assignment however we not offer to give one days paid notice. Secondly in your case we did not terminate the assignment, you left the assignment without giving any notice.

 

Finally on the subject of hours you believe you are owed I would also refer to our terms and conditions that state: " At the end of each assignment you are required complete a Timesheet / Tracker, signed by the hirer, agreeing a satisfactory completion of the assignment and also providing proof of attendance as agreed ahead of each assignment. This should be submitted to Red WigWam at the end of each assignment"

 

Therefore we will only pay hours that have been signed off by the hirer in this Case X

 

I am happy for you contact HMRC and ACAS on the matter as we are confident that we are compliant with all of their requirements.

 

I hope this draws a line under the matter and we can move forward.

 

Regards"

 

Several issues here. The terms she's referring to about holiday are not in the contract I have.

 

"Paid end of banking business on Tuesday" the contract states payment is Monday. We were told on Tuesday that the new pay date is Tuesday. Surely they can't retrospectively vary the terms of a contract? Even after we were told this payment was still being received Monday night, apart from this week.

 

"Left assignment with no notice.." I didn't leave, merely did not attend due to breach of contract ie non payment.

 

"You are required to complete a timesheet" not once did a single person complete a timesheet, nor did we sign any.

 

Unbelievable!!

[Hacked_Off]

The contract:

 

v) you will be paid on the first Monday morning after the end of the assignment, or on each Monday during an assignment if the assignment splits across weeks.

[Hacked_Off]

So, Acas have been informed of my intention to file. I said yes to early conciliation, which has been unsuccessful. All calls/emails/letters from Acas to the agency have been completely ignored!

 

 

Im getting my claim together but unsure what company name I should put on the claim form. Can anyone advise?

 

 

Should I put the agency name? but they seem to be operating under a company of a different name AND heres why I am confused, when my tax code was changed when I started with them my tax code came with an entirely different company name?!

[Hacked_Off]

Filed in small claims, they are defending!

[Hacked_Off]

Does any one know what "a bar has been put in place" means?

[Emmzzi]

not without some context, no!

[Hacked_Off]

I rang up and asked it simply means a bar is In place to stop me hitting that "request judgment" button.

[Hacked_Off]

no one is replying but I will continue updating anyway..

 

 

The agency have now defended the claim, right at the last minute! their defence is rather amusing:

 

 

"This matter is still being investigated by ACAS and has not been ignored. The individual has been paid for all hours worked and so the information provided by the claimant is false. x are still corresponding with ACAS and providing proof of pay and timesheets therefore x dispute the claim."

 

 

And that's it!!

 

 

The thing is, I have emails from ACAS dated two months ago which state "your previous employer has not responded to any of our letters or calls so I have no choice but to close the case and issue your certificate", then I obviously have the certificate. I also have emails were for example I have said I worked 9-5.30 but my online timesheet says 9-2 (I have not signed a single timesheet).

 

 

Acas gave them 30 days to respond, which they didn't. Seems to me they've seen court papers and though 'oh we better reply now'

[Hacked_Off]

court order recieved in the post, the defendant has not complied with their questionnaire.

[Hacked_Off]

just had the questionnaire in the post, which is interesting.

 

said no to mediation (as have i)

 

do you agree the small claims track is the appropriate track for this case: no

 

"this claim has also been investigated by the department for innovation and skills and has been dismissed. the correct monies have been paid on the claimant. the case should now be dismissed. *please see enclosed."

 

they don't seem to understand the question! and what's been enclosed?! why havnt I got a copy?' why are they sending evidence with the questionnaire?!

 

also no idea why they are quoting department of skills and innovation, I've not been in contact with them.

 

they've also not fied in the section about how many witnesses (including themselves) will attend.