Started a new job, still haven't been paid after 5 weeks

MarthaMills

Hello,
Hopefully someone can give me some advice. I started work on March 1st, and was told I'd be paid weekly. Some confusion arose over whether I'd be paid through the place I work at, or the agency themselves. However, this was all sorted after the second week, and the agency have been given all the details they need to pay me. The only problem is, the agency still hasn't invoiced my workplace and as such I still haven't been paid. I've rang them and they've told me it was being posted the same day - but this is over two weeks ago, and still no invoices have been received.

Obviously, I am now struggling a lot, and have absolutely no money whatsoever. Thankfully the place I work at has been not bad at subbing me, but I can't carry on like this! Direct Debits have been returned, and my Car Insurance has now been cancelled so I can't use it. (Not good since I'm staying over 20miles from the nearest town).

The agency normally takes 10% commission of my earnings. Would I be within my rights to ask for the last 5 weeks to be paid without their commission taken off? Also, could I claim anything for my Insurance being cancelled?

Thanks for your time.

MM

bezzza

I'm not quite sure what your job is but I assume since the agency has said they will be paying you that they should be paying you each and every week apart from the usual week in hand. I am assuming that they should receive timesheets or confirmation of hours worked so they can organise your wages to be paid weekly - you do not have to wait for your place of work to pay the agency invoices, the agency should pay you anyway as their contract will be with the place of work. I am also confused as to why the place of work are "subbing" you - will that money now be taken from the invoiced amounts or do you have an arrangement to pay it back when you get paid? You also say the agency normally takes 10% commission - so this isn't the first assignment with them? Have you had this problem before? So confused?

MarthaMills

Hi,
Sorry the first post was confusing. I haven't worked for this agency before, however the place I work at has used them several times and so know how much their commission is. I don't need to submit timesheets or anything like that as I get paid a set wage each week.

The subs I've received have been agreed to be paid back after I (eventually) get paid.

Does this mean I can chase them for my wages, and I should be paid even without them receiving the invoices from my workplace?

I'll clarify anything else should you need it.

Many thanks

bezzza

In my personal experience when I worked as a temp (office based and as a carer) I got paid by the agency each and every Friday whether or not the place of work had paid the agency - your "contract" (such as it is through agencies) is with the agency and being paid is not usually based on waiting for the place of work to pay the agency invoice (in 18 years of temping I was always paid on time for the correct amount even though I knew that some of the places I worked had a policy of not paying invoices for up 60 days). The agency hold a "contract" with your place of work - they send invoices on regular (sometimes weekly) basis and await payment. I would contact your agency (is it a national or small business? Established or new?) to get all your wages paid up to date as they cannot withold your wages based on the place of work's inability to pay invoices quickly. I have known people on contract work as cleaners, construction and within IT who work through agencies and pay commissions to their agency but they still get paid each and every week.

MarthaMills

Thankyou so much for your help! Hopefully this can be sorted soon.

Many thanks
MM