Still have not been paid

[Deleted User]

Up until 4 weeks ago my OH was working through a temping agency, he was then told the contract had finished and has been unemployed since. He has applied for JSA but this takes a while to sort out. Despite numerous calls to the agency he was previously working for he still has not been paid for the final week of his paid employment. Their excuse is that the supervisor at his previous workplace is never in to sign the time sheet. My OH is behind on his rent because of this (he has his own flat) and is having to stay with me because he has no money for food. What can he do in order to get his wages out of the employment agency?

sexki11en

I don't know about any other agency, but our contracts with temp workers state that they are responsible for getting their own timesheets in. If the agency had an agreement with the company that the client would send them over, then this is different, they (the agency) have an obligation to get it done. It doesn't sound like they are going to do this though so I would suggest getting your OH to go to the company, speaking to his line manager and asking him to sign to state what hours he worked on company headed paper and present it to the agency.

If they won't do anything about it still - speak to their head office if they have one, or failing that - report them to the REC (assuming they are members)

I hate agencies like that - it gives the reputable ones a bad name.

Good luck!

SK x

[Deleted User]

Well this is the thing, ordinarily he did have to get the time sheet signed himself. They would normally post it to him at the beginning of the week and he would get it signed on the Friday then would fax it to the agency. However on his final week he had not received a time sheet in the post. When he found out that his job was finishing, on the Wednesday, he phoned the agency to let them know his job was finishing and to say that he did not have a time sheet. The agency said that this was no problem and that they would sort the time sheet out with his previous employer. Sadly so far no money.

1984ReturnsForReal_2

drinkupretty wrote: »

Well this is the thing, ordinarily he did have to get the time sheet signed himself. They would normally post it to him at the beginning of the week and he would get it signed on the Friday then would fax it to the agency. However on his final week he had not received a time sheet in the post. When he found out that his job was finishing, on the Wednesday, he phoned the agency to let them know his job was finishing and to say that he did not have a time sheet. The agency said that this was no problem and that they would sort the time sheet out with his previous employer. Sadly so far no money.

Forget about the timesheet & contract & the Agency/Company relationship.

The agency has 2 weeks to pay him FULL STOP & they are already over that.

LittleVoice

1984ReturnsForReal wrote: »

Forget about the timesheet & contract & the Agency/Company relationship.

The agency has 2 weeks to pay him FULL STOP & they are already over that.

And what is your evidence for stating that?

1984ReturnsForReal_2

LittleVoice wrote: »

And what is your evidence for stating that?

No Evidence needed. ITS LAW!

The Conduct of Employment Agencies and Employment Businesses Regulations 2003

Regulation 12 – Payment cannot be conditional on signed timesheet.

They have had 4 weeks to investigate 14 days is reasonable & the excuse is soley no one has signed it.

Thomask

File a free report with the tribunal. They will take it up on his behalf and are excellent.

http://www.employmenttribunals.gov.uk/

They start by posting a letter to the company with a potential hearing date should the matter not be resolved. Enough to scare most companies!

Goodluck.

harryhatter

Using the tribunal is right - but under the current procedures for wages claims you need to have written first , and given 28 days to resolve the claim before the tribunal will accept it ( the box on the claim form specifically asks this )

So - if you ve not written - do it now .Basic letter saying you will be taking it to tribunal if not resolved ( dont tell them about the 28 days ) .
Should kick them into action

LittleVoice

1984ReturnsForReal wrote: »

No Evidence needed. ITS LAW!

The Conduct of Employment Agencies and Employment Businesses Regulations 2003

Regulation 12 – Payment cannot be conditional on signed timesheet.

They have had 4 weeks to investigate 14 days is reasonable & the excuse is soley no one has signed it.

The evidence needed for the statement would be the Regulations you go on to name. Thank you for providing the headings.

However I see that it says, as a non-acceptable reason for withholding payment "(b) the work-seeker's failure to produce documentary evidence authenticated by the hirer of the fact that the work-seeker has worked during a particular period of time, provided that this provision shall not prevent the employment business from satisfying itself by other means that the work-seeker worked for the particular period in question;" (My underlining.)

So it seems to me the employment agency still needs to satisfy itself that the work was actually done - though it is not down to the worker to produce the evidence. IIRC, the agency claim not to have the evidence, therefore they are not willing to pay.