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  • FIRST POST
    • Jm90
    • By Jm90 18th May 17, 8:18 PM
    • 21Posts
    • 15Thanks
    Jm90
    Agency company won't pay. What can we do
    • #1
    • 18th May 17, 8:18 PM
    Agency company won't pay. What can we do 18th May 17 at 8:18 PM
    Hi all, first time posting and not sure it's in the right place but I'm desperate for some advice.

    My husband started some work for a company 4 weeks ago. The work was for 12 weeks, He got the work via an agency who would the pay him using an umbrella company.

    Anyway the work began and they held back the first 2 weeks worth of wages, and said he would be paid this at the end of the 12 weeks.

    On the third week they paid him one weeks wage
    On the forth week (the Friday) work was called off due to a safety issue which was beyond any of the contractors control.

    The agency said they would find him other work to go on with, which they have not, he's called loads of times and no one seems interested or will tell him what is happening with the original contract.
    No-one calls back, or if he asks to be put through to the guy dealing with it, he's always away from his desk or in a meeting.

    So after no work all week, he is meant to be paid again tomorrow, after not receiving a pay slip, he called again to be told he won't be being paid anything, cos the work is not finished. (That isn't his fault though?)
    He explained we have children, bills and so on, the guy just said 'what you going to do?'

    Can they just with hold his wages. He's now owed 3 weeks and they have said he will not be getting it.

    They both singed the contract for a minimum of 12 weeks worth of work.

    We are a family with 4 young children and I am worried sick. Please help.
Page 1
    • fewgroats
    • By fewgroats 18th May 17, 8:31 PM
    • 245 Posts
    • 136 Thanks
    fewgroats
    • #2
    • 18th May 17, 8:31 PM
    • #2
    • 18th May 17, 8:31 PM
    Surely the agency doesn't get paid unless your husband gets paid? What sort of agency is that? I believe Job Centre Plus can act as an intermediator if you have trouble with an agency, no matter where you get the job from. Maybe it's worth asking advice there?
    Lent Challenge: 132/200 Failed
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    • Jm90
    • By Jm90 18th May 17, 8:37 PM
    • 21 Posts
    • 15 Thanks
    Jm90
    • #3
    • 18th May 17, 8:37 PM
    • #3
    • 18th May 17, 8:37 PM
    At the beginning of the contract it stated that if for any reason he wanted to leave or they didn't want him working there then there would be a 2 week notice period.

    They have said by paying him he would basically be allowed to leave the contract
    (as they are in breach) so they have said they won't pay him a penny.

    I didn't know that about the job centre I will call them tomorrow.

    I'm so worried 😔
    • patman99
    • By patman99 18th May 17, 9:11 PM
    • 7,876 Posts
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    patman99
    • #4
    • 18th May 17, 9:11 PM
    • #4
    • 18th May 17, 9:11 PM
    A letter before action might have the desired effect.

    Bare in mind that he may make himself persona non Grata as far as the agency is concerned.
    Never Knowingly Understood.

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    • gettingtheresometime
    • By gettingtheresometime 18th May 17, 11:18 PM
    • 2,358 Posts
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    gettingtheresometime
    • #5
    • 18th May 17, 11:18 PM
    • #5
    • 18th May 17, 11:18 PM
    You want FGS? How about this little gem....



    I have little patience for people who drag their kids into situation as some sort of bargaining chip in arguments, to guilt out the other party. It's pathetic, holier than thou attitude i.e we're entitled because we've got kids. Those who dont deserve less than us.

    IMO the OP has only got themselves to blame for having so many kids. A lot of people I know are rightfully delaying (and evening abandoning) parenthood because they don't have the resources in place. Having kids recklessly is irresponsible and wreaks of entitlement. A lot like that chestnut the OP threw at their boss, in fact.
    Originally posted by goatfertility
    As I said 4 children aren't necessarily the product of 4 pregnancies .....what would you do if you were told you were expecting a multiple birth? Even if the OP had had 4 pregnancies but could afford them what do you suggest she does now that the family's circumstances have changed? Would you sell off the children that you can't afford?

    The only entitlement I can see that the family are asking for is any wages legally owed by the agency.
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    • Jm90
    • By Jm90 18th May 17, 11:19 PM
    • 21 Posts
    • 15 Thanks
    Jm90
    • #6
    • 18th May 17, 11:19 PM
    • #6
    • 18th May 17, 11:19 PM
    Oh wow, as stated above we haven't always been in this situation my husband was in full time work before this.

    Not that it is any of your business but we had our children because we wanted to have our children.

    We don't have any help from anywhere else so when he's worked 4 weeks for a weeks worth of wages and they decide to with hold to rest as it doesn't 'suit' them to pay us right now, he is bloody well entitled to ask for his money, he worked hard to earn.
    He only mentioned what he did as they had already stated that he wouldn't be getting a penny.

    I could understand your response if we didn't work and decided to have children but that is not the case.
    • Jm90
    • By Jm90 18th May 17, 11:23 PM
    • 21 Posts
    • 15 Thanks
    Jm90
    • #7
    • 18th May 17, 11:23 PM
    • #7
    • 18th May 17, 11:23 PM
    Thank you, you are right.

    Haven't always been in this situation. He is just trying to provide for his family.
    I didn't mean for it to come across that because we have children we are entitled any more than someone who is not. That's just our personal circumstances.
    • Jm90
    • By Jm90 19th May 17, 7:28 AM
    • 21 Posts
    • 15 Thanks
    Jm90
    • #8
    • 19th May 17, 7:28 AM
    • #8
    • 19th May 17, 7:28 AM
    Not at all, you seem to like to be horrible to people who have done well, just like the person who asked about their salary, instead of offering genuine, helpful advice, you just decided to moaned about being paid minimum wage and basically just be, well unpleasant.

    As on this post, you've not offered any useful advice you just seem to be fixated that I mentioned our children. .

    Whether we had no children, 4 children or 20 children has nothing to do with our right to receive wages. It's Our personal circumstances that was mentioned.

    Have a nice day
    • LuSiVe
    • By LuSiVe 19th May 17, 7:53 AM
    • 934 Posts
    • 1,047 Thanks
    LuSiVe
    • #9
    • 19th May 17, 7:53 AM
    • #9
    • 19th May 17, 7:53 AM
    Whether we had no children, 4 children or 20 children has nothing to do with our right to receive wages.
    Originally posted by Jm90
    So why are you bringing it up when trying to get money from the agency?
    • Jm90
    • By Jm90 19th May 17, 8:26 AM
    • 21 Posts
    • 15 Thanks
    Jm90
    It was said because it is our circumstances.
    He explained once they had already told him they wasn't paying him.
    • TBagpuss
    • By TBagpuss 19th May 17, 2:10 PM
    • 5,539 Posts
    • 7,261 Thanks
    TBagpuss
    I think he needs to check his contract.

    However, If the contract was for a set period of 12 weeks work, he could argue that he was willing and available to carry out that work for the full 12 weeks and they need to pay him in full for the whole 12 weeks.

    If it wasn't , then he has to be paid for the work he has done.

    They appera to be saying that he owes them 2 weeks wages becuase he didn't give them 2 weeks notice. However, unless he walked off the job that is not correct, he was willing and vialble to work but they didn't (couldn't) give him any. In thesituatuion there may be an rgument that they o him in lieu of notice, although I think it's also possible that the contract may be considered to be 'frustrated' in which case they would owe for the actual time worked.

    Even if they claim he was a self-employed sub-contractor and not an employee I can't see how they can argue that he is not entitled to payment for the hours worked

    I's suggest a lertter before action followed by moneyclaim online, but the needs to read his contracts very carefully to ensure he is claiming from the correct organisation and with accurate facts about the agreed terms.
    • Jm90
    • By Jm90 19th May 17, 7:39 PM
    • 21 Posts
    • 15 Thanks
    Jm90
    Thank you for your post Tbagpuss,
    They are not denying that he is owed money but are basically saying that if they were to pay him they would be admitting breach of contract on their behalf and he out then be able to leave and not carry out the rest of the work.

    They cannot tell him when the work will continue or even seem willing to find out any answers. He was haopy to be paid what he had earnt, find other work for the meantime while they sorted it out then finish off the original contract.

    Thank you I will sit and read contract this evening.
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