Agency refusing to back date Travel and Subsistence benefit

joeypesci

Leaving, well left my agency on Thursday and have asked them to close my account and not look for work for me anymore. I've left it for a few weeks as it was only about £5-6 extra a week. But in my last Terms of Employment with them I signed up for their new scheme for Travel and Subsistence benefit. I was getting it for a few months but recently noticed it stopped but didn't question it. Never like to make waves as never know my legal rights, and as I said was only about £5-6 a week.

So questioning it they claimed, looking at their records I never signed up for it. So I forwarded them the e-mail they sent to me at the time, telling me about the new scheme. Telling me "Don't worry, you need do nothing as you are already entitled to the benefit". I also remember being in their office and signing for this and asking them about it. I also remember asking them how to claim it on my timesheets and they explained. Never did they say "You've never signed up for it so don't worry".

Now they are claiming it doesn't matter as they won't back date it anyway. That it was a government funded scheme. I've told them this must be wrong. The public sector place I was working in, was able to back date peoples pay, they are government funded so surely the agency can back date it.

I've also question them because, from the little I know, I told them I'd assume they were given a budget corresponding to the amount of people that opted in for the scheme. To cover all costs, so everyone should get their money and the agency shouldn't make a profit from this. So surely at the end of the year, if they have money left over, that's the money they never paid me, so they surely can back date it.

Since I've said this, they haven't responded to any more of my e-mails.
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DVardysShadow

You say you signed up for it. You say you forwarded them the email they sent to you saying you are signed up for it. But this is only evidence that they thought you had signed up for it. What evidence do you have that you signed up for it - including your own memories?

joeypesci

Just that e-mail really. I may have the contract here somewhere or they should have copy of the contract I signed.

dharm999

Dont you have any payslips showing you getting the T&S? If so, wouldnt that prove to the agency you were getting it?

joeypesci

Yep I have payslips. My point now is, then refusing to back date the times they've missed it off. And I've said to them if I owned them money, they'd expect me to back date it and pay them back.

joeypesci

The agency, well the local shop part are refusing to reply to my e-mails now so I guess it's time to phone up the department number that's on the payslips. I know the agency has a copy of the form I signed when I agreed to get these expenses so they should have a copy of that. They should of given me a copy but don't think they did. Agency's seem to like that scam, getting you to sign stuff but not giving you a copy. Like my new agency has but I've learnt from being burnt so asked for all copies of the documents I've signed.