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  • FIRST POST
    • #Georgie
    • By #Georgie 8th Feb 18, 4:33 PM
    • 10Posts
    • 4Thanks
    #Georgie
    Employment Agency havent paid
    • #1
    • 8th Feb 18, 4:33 PM
    Employment Agency havent paid 8th Feb 18 at 4:33 PM
    My son worked for an Employment Agency on a Construction Site. The Site Manager signed the timesheet and sent it to the Agency. My son did receive a payslip from a payroll Company saying the money would be paid into his bank on 02/02/2018 but no money was received. A worker at the agency says he was told by the Construction Site Manager that my son and another lad were "kicked off the site for being caught smoking 3 times INDOORS". This is completely untrue as confirmed by the Construction Site Manager who signed his time sheet and sent it to the Agency. He was quite disgusted when I rang him and told him what had been said. He told me I should take legal action against the agency. I have found similar stories on Google Reviews about this agency. The agency staff are very rude and ridicule me when I ring and ask for my son to be paid. I believe this to be a small agency (maybe in one room) with the staff managed by one girl and a Managing Director. I have repeatedly asked for a copy of their Complaints Procedure but they say they do not have one and I should just email them my complaint. I have spoken to ACAS who were very interested and told me to ring /email the Employment Agency Standards Inspectorate (EAS) but their website has been archived and the phone number does not work. I have emailed BERR (Department for Business Enterprise & Regulatory Reform) but have heard nothing back. I am now at a loss as to what to do after going around in circles. Can anyone advise me please. Thank you
Page 2
    • agrinnall
    • By agrinnall 9th Feb 18, 12:06 PM
    • 19,419 Posts
    • 15,114 Thanks
    agrinnall
    Did anybody think that the son might be out working on another site, without any phone signal .... while mum's sitting on her bum watching daytime telly this week.... so it makes sense for mum to do the running around.

    Yes he should be doing it - and, as an adult, he might've delegated the task based on importance/availability and a relevant skillset for the task.

    Also, as the one not being paid, it can send you to a really dark place if you're just feeling the world's against you ....

    So back off.
    Originally posted by PasturesNew
    None of which contradicts that the agency shouldn't be talking to the OP, unless her son has given them permission to do so.
    • #Georgie
    • By #Georgie 9th Feb 18, 1:16 PM
    • 10 Posts
    • 4 Thanks
    #Georgie
    The agency were talking to me and as they have never mentioned confidentiality neither did I BUT that is not the issue here! You're so busy slating the fact that I am trying to help my son that not one member that has torn us apart has given one shred of useful advice! Have you really nothing better to do! Like i said God help your children if they ever have a problem and ask mum or dad for help! I really have never known anything like this you're like vultures! Where is your humanity? Where is your compassion? All I did was ask for some advice which I now deeply regret!
    • CurlySue2017
    • By CurlySue2017 9th Feb 18, 1:40 PM
    • 60 Posts
    • 71 Thanks
    CurlySue2017
    Have you really nothing better to do!
    Originally posted by #Georgie
    I suspect that you are right.....please don't be put off asking for advice, the forum is generally a good place to help people, just a few bad eggs (the ignore function is great!)
    • TELLIT01
    • By TELLIT01 9th Feb 18, 1:52 PM
    • 4,568 Posts
    • 4,835 Thanks
    TELLIT01
    Those who post shall we call them less than helpful replies, are a small minority of the membership, but they are vocal. You need to mentally filter out that kind of response and work with the helpful content.
    It can be helpful without being supportive of your viewpoint.
    Certainly, if he was in a position to do so, it would be better for your son to call the agency direct, if for no other reason than it speeds up the process. There is no delay built in with you having to wait to speak to him about a response and then calling them back etc. What is true is that the agency should have said they can't speak to you without permission from your son but that clearly didn't happen either.
    You have explained why it's impractical for your son to call them himself, so I would suggest the best route is for your son to write to them demanding payment. State in the letter that unless payment is received within 14 days, legal action will be taken. There is no point in continuing a phone conversation which is going nowhere.
    • Ja7188
    • By Ja7188 9th Feb 18, 6:32 PM
    • 74 Posts
    • 56 Thanks
    Ja7188
    Since it's now Friday (i.e. the day on which agency employees generally get paid), has payment now been made? Worth checking this point in case the issue was actually an error with the last pay run...

    If the answer is that he's now got his salary, I'd be inclined to drop the issue since he's now working elsewhere. He could quite reasonably raise a complaint, but I suspect the doing so would be more hassle than it's worth.
    • #Georgie
    • By #Georgie 9th Feb 18, 7:59 PM
    • 10 Posts
    • 4 Thanks
    #Georgie
    Hi ja1788 No he hasn't received anything today. I have heard back from BERR and they want all the details and also ACAS rang me with more information re contacting HMRC which was my next step but I will leave it with BERR now. I also believe there may be a fraud case to answer going by the Google reviews on this agency. I think having the payslip helps. Also neither of the above are at all negative re the fact that I'm trying to help my son!
    • Savvy_Sue
    • By Savvy_Sue 10th Feb 18, 12:03 AM
    • 38,057 Posts
    • 34,556 Thanks
    Savvy_Sue
    The agency were talking to me and as they have never mentioned confidentiality neither did I BUT that is not the issue here! You're so busy slating the fact that I am trying to help my son that not one member that has torn us apart has given one shred of useful advice! Have you really nothing better to do! Like i said God help your children if they ever have a problem and ask mum or dad for help! I really have never known anything like this you're like vultures! Where is your humanity? Where is your compassion? All I did was ask for some advice which I now deeply regret!
    Originally posted by #Georgie
    But you have had some useful advice, so concentrate on that.

    Those who post shall we call them less than helpful replies, are a small minority of the membership, but they are vocal. You need to mentally filter out that kind of response and work with the helpful content.
    It can be helpful without being supportive of your viewpoint.
    Certainly, if he was in a position to do so, it would be better for your son to call the agency direct, if for no other reason than it speeds up the process. There is no delay built in with you having to wait to speak to him about a response and then calling them back etc. What is true is that the agency should have said they can't speak to you without permission from your son but that clearly didn't happen either.
    You have explained why it's impractical for your son to call them himself, so I would suggest the best route is for your son to write to them demanding payment. State in the letter that unless payment is received within 14 days, legal action will be taken. There is no point in continuing a phone conversation which is going nowhere.
    Originally posted by TELLIT01
    As I said in post 11.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats and 1 balaclava for seamen ...
    Current projects: another balaclava, must find a mohair cardigan pattern ...
    • Ja7188
    • By Ja7188 10th Feb 18, 12:00 PM
    • 74 Posts
    • 56 Thanks
    Ja7188
    Good luck with sorting it - although, as others have pointed out, you may hit some barriers for reasons of confidentiality. I also wonder whether fact that you haven't (as far as I can see) actually put a written complaint to the agency themselves might cause you problems...

    Why do HMRC need to be involved at this stage?
    Last edited by Ja7188; 10-02-2018 at 12:02 PM.
    • #Georgie
    • By #Georgie 10th Feb 18, 12:41 PM
    • 10 Posts
    • 4 Thanks
    #Georgie
    ACAS seem to think HMRC need to be involved re non payment of even minimum wage and because of the payslip. I've got recorded calls over 48 hours asking for their complaints procedure and also an email asking for it. To be honest I'm just doing what they tell me to do and now BERR have asked for all the information I will send it to them. I've carried on with this thread in the hope it may help anyone else that hasn't been paid by an agency.
    • Ja7188
    • By Ja7188 10th Feb 18, 1:12 PM
    • 74 Posts
    • 56 Thanks
    Ja7188
    Yes, but you haven't put the actual complaint in writing - you've only e-mailed the agency asking for their complaints procedure, which isn't the same thing. I suspect it's not unusual for smaller companies not to have a documented procedure and that you simply have to write to them detailing what the problem is and asking them to resolve it...

    Another reason for putting everything in writing is that your son could do this himself after work, which would avoid the issues around whether matters concerning his employment can be discussed with you.

    Anyway, good luck with sorting it - hopefully it won't take too long.
    • StevenB12
    • By StevenB12 10th Feb 18, 2:46 PM
    • 77 Posts
    • 15 Thanks
    StevenB12
    You could try contacting the financial ombudsman. I had an issue with my car insurance where I had paid for the full year but the insurance company hadn't updated that I had renewed on their database, as such I was stopped 3 times by Police in 2 weeks due to my car coming up on the MID website that they use to check vehicles. Insurance company from my first time of being stopped had promised to update it that night, up to 2 weeks later, no change.

    Contacted the Ombudsman, they got it sorted within 2 days, insurance company updated my insurance and also issues me with a half a year refund as an apology.

    I know very much different circumstances, but if you are getting no where through the agency, give them a call and see what they can do. They might be able to point you in the right direction at least if things are dragging going through other avenues.
    • Mr.Generous
    • By Mr.Generous 10th Feb 18, 3:05 PM
    • 1,735 Posts
    • 2,617 Thanks
    Mr.Generous
    I imagine this agency makes a nice bonus when they don't pay young / casual / transient workers for a weeks work, most probably grumble a bit, rant over the phone and then just leave it.

    I bet they still invoiced the building company for the work.

    When someone cheats you like this its really annoying, If it wasn't run by some huge bruiser I'd be tempted to turn up at the office and make a bloody nuisance of myself being quite angry and intimidating.

    I know we should always look to proper legal channels but that does take a lot more time and effort and they may well have an unoficial policy of paying up if things get nasty.

    As a self employed worker I've had it done twice to me - once not paying for work claiming not happy after having done some themselves and made a right mess, once for weighed in scrap metal!

    the scrap metal guy employed "Vinny", a traveler gentleman of some 6ft6 18 stone, relative of Tyson Fury (Yes really). I went the trading standards route.

    Second guy a weedy weasel who hid behind his girlfriend. I tried everything except court because the amount was so small, he paid something in the end so I let it drop. Impossible to wring his neck, much as I was tempted as there is a family connection to his GF.

    In both cases I expended more time and effort into getting payment than it was worth, I.E. If I'd just spent the time working I'd have made more money. However people shouldn't be allowed to get away with it, and there is some satisfaction in hassling them!

    Good luck!!
    • #Georgie
    • By #Georgie 11th Feb 18, 1:23 PM
    • 10 Posts
    • 4 Thanks
    #Georgie
    Son has told the agency he is happy to go there and speak to them and they told him that he wouldn't be allowed into the building. He said no problem he will wait outside. Yes it did take time and lots of phone calls and emails trying to find who to report this agency to plus all the calls to the actual agency but luckily I have an understanding Boss hence why I'm trying to sort this rather than my son who is at work on site all day. I will update when I hear back from BERR. Also for anyone that needs to record phone calls "Total Recall" is a great app to download! I have recorded the office manager screaming down the phone about how busy she is and hasn't got time to deal with my son not being paid!
    • Ja7188
    • By Ja7188 11th Feb 18, 1:56 PM
    • 74 Posts
    • 56 Thanks
    Ja7188
    Just to be clear, your son is now going to speak to the agency - but rather than calling, he's going to go there in person and wait outside, presumably with the expectation that someone is going to come out and speak to him, on the basis that they won't let him in? I'm really not sure how this makes sense...

    I have a couple of concerns about you recording your conversation with the office manager - firstly that I'm not sure of the legality of recording phone calls without the other person's consent and secondly, I wonder how irate you yourself were on the call? If you raised your voice and/ or swore, using a recording could well backfire on you.
    • #Georgie
    • By #Georgie 11th Feb 18, 3:46 PM
    • 10 Posts
    • 4 Thanks
    #Georgie
    No of course he's not going there to wait outside he just said he would. Apparently it's legal to record calls you just can't play them to a third party. I did tell them each time that the call was being recorded. Of course I wasn't irate and certainly would never swear. In all the calls I made both recorded and not recorded I was calm, polite and pleasant. Screaming and shouting gets you nowhere fast!
    • Ja7188
    • By Ja7188 11th Feb 18, 5:53 PM
    • 74 Posts
    • 56 Thanks
    Ja7188
    That's REALLY not good - your son stating that he's going to wait outside their could easily be taken as a threat and there's a very good chance they'll have a recording of him saying it, which they could potentially reference during the course of any investigation...!!

    I think you probably need to tread VERY carefully from this point.
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