mistreated by agency - not being paid, unfair dismissal etc

V_Debt

I started working for an agency a few weeks ago as an HGV driver. The first job they offered me was a tuesday and wednesday, having not long passed my test, they offered me to go out on the monday with another driver for the same firm to get a feel for the job, paperwork etc which Ive done with other agencies and always been paid the full rate for the day.

Im not sure why but with this agency I asked if I would be paid for it (must have had a feeling they may not pay me) and was told they would pay me for 4 hours (I did a 10 hour day and travelled 45 miles each way to get there) After doing that, they called and cancelled the tuesday, then cancelled the wednesday the next day. I could have knocked back work from other agencies because I was offered work with this one, thankfully I didnt but you get the point.

That was weeks ago and after chasing the money from them on about 4 seperate occasions on the phone, still nothing.

Then a couple of weeks later, I got 2 days work from them. When it came to being paid on the following Friday, I get a phone call from an umbrella company. For those of you who dont know its basically a company that do your payroll for you and you can claim back mileage and food expenses etc as you dont have a fixed place of work. It works out better for the agency as they dont have to pay employers national insurance for you.

They said they had my wage but couldnt release it until I registered with them. Now I didnt ask to go onto an umbrella company so I called the agency who said there had been a mistake and that someone put my stuff in the wrong file, that they would sort it out but it may have to wait until the following week. I said I needed it sorted that day as I needed the money and if it went onto the following week that I would get taxed alot more that way. They said they would call their accountant to work out the deductions, pay me out of his personal account and pay himself back the following week. The money went into my account so everything was fine.

Following week, after doing a 60 hour week with them, doing 14/15 hour days some days plus 1.5 hours commuting each day, I checked my back to find that I had been paid a measly amount. It worked out around £55 less than the PAYE calculators online said.

To me it was simple, they put both weeks through at same time, got hammered with tax and that was that. Not so simple talking to them about it, after about 6 or 7 conversations and getting no where, things were getting beyond a joke. They didnt seem to understand or didnt want to understand that they made a mistake with the umbrella thing the previous week, put both wages through at the same time and also taxed me twice on the 2 days wages. I was talking to 3 different people about this and was told that the bosses son was the financial director so asked to talk to him after talking to one of the other staff. He came on the phone all hostile saying whats the problem? Said there had been a problem with my wages, to which I was told that they were right, again hostile tone. Then he was all but shouting down the phone asking if I was HMRC. I said no but I know my wages werent right, again I was asked very rudely if I was HMRC. He then proceeded to hang up on me!

Now as far as Im concerned all I was trying to do was get a straight answer as to why my wages werent right, they were going on about base tax etc, confusing matters and getting harped on at that under an umbrella company how much better off I would be.

The last conversation I had with the owner, I was told that she would get her accountant to call me the following day. Always tomorrow with them. By this time I had gave up with them, they were a nightmare to deal with and that was that. A couple of days later I received my payslips and a P45! LOL what a joke!

Sorry for the long post btw but I had to get that off my chest!

Does anyone know where I stand with this?

Hammyman

You cannot be unfairly dismissed from an agency. And you cannot be paid less than the NMW for the first day you did with another driver.

Work out what your gross pay should have been for your entire time with them. Add on approximately 12% for holiday pay. Take off the what you've been paid and then send them a demand for the rest, stating that if it isn't paid within a reasonable time, you will take them to an employment tribuneral.

V_Debt

Thanks mate, very good advice.

I was planning on demanding the money for the day I did plus holiday pay or I will be proceeding with a county court judgement as my lawyer suggested.

Whats the difference between sueing them and an employment tribunal?

Do you mean that I dont have rights with an agency therefore its not possible to be unfairly dismissed?

I also dont think they gave me a copy of my contract, was thinking about requesting that as well?

Hammyman

V_Debt wrote: »

Whats the difference between sueing them and an employment tribunal?

Suing is a civil matter. A tribuneral carries severe consequences.

Do you mean that I dont have rights with an agency therefore its not possible to be unfairly dismissed?

You are on a zero hours contract so you can be dismissed without notice and don't have the normal "statutory minimum notice".

I also dont think they gave me a copy of my contract, was thinking about requesting that as well?

TBH, you weren't there long enough for them to be in breach although you can request it.

Hammyman

james7575 wrote: »

My employer laid us off and refused to give us are last 3 payslips. i now need them for proof of income for a loan. i have seen this company on the internet. http://www.wageslips2go.com they claim to duplicate you rpayslips. can any one thell me if this is leagal. Thanks

Hell no. You can tell them what you want and they'll make up wageslips with the correct figures based on that. There is no checking of your real income as they can only do that by contacting your employer which they say they don't do.

KiKi

V_Debt wrote: »

Whats the difference between sueing them and an employment tribunal?

An employment tribunal is specifically set up for employment issues. If you sue someone you're taking them to court to compensate for a loss.

Do you mean that I dont have rights with an agency therefore its not possible to be unfairly dismissed?

You can't claim unfair dismissal within the first 12 months unless they have dismissed you for discriminatory reasons, so this is irrelevant. But if you are a 'temp' with an agency, working under a contract for services, then no, you can't be unfairly dismissed.

I also dont think they gave me a copy of my contract, was thinking about requesting that as well?

A contract is not a legal entitlement. What is a legal requirement is a written statement of particulars, which highlights things like your pay, job title, working hours etc. This has to be provided within 8 weeks of employment. You cannot take a company to an ET for this alone, but if you take them to ET for something else (such as non-payment of wages) then you can add this claim onto the back of it.

Pursue them for the money directly, first, though. You only have 3 months minus 1 day to make an application to an ET.

HTH
KiKi

Mimi_Arc_en_ciel

Just out of curiosity - are you keeping within the 9 hours daily driving limits for tacho purposes? You mentions 2 weeks worth of driving, second week 60 odd hours, but you didn't mention first week hours. It's your responsibility to keep within the hours, not The agency. So if you work for 2 different agencies then you need to be aware. (saw you said you was new to hgv, didn't know if agency had explained tacho responsibility properly) A lot of new drivers get hours cancelled as many hgv companies prefer 2 years experience so if there is another guy who has more experience than you become available, the agency will give him your job and give you an excuse

Money wise - I'm confused by what you put, I'm reading it you got paid from a float on the day you said you wanted money, then got paid AGAIN on pay day - ill leave this to someone else lol

scheming_gypsy

The first post confuses me (not difficult lately though).

You kept mentioning travelling time... are you expecting to get paid for these? did the agency say you'll get paid for them?
you also said that they put the two wages through together and then that they taxed you twice on the two days...

orangeslimes

I don't quite understand.
Why do you think you were taxed twice? Were you paid correctly for all your hours?

If you have been taxed too much you'll probably get a refund at some point over the year. I don't think there is much you can do.

Maybe get someone who knows about payrolls to check your payslips and P45.

V_Debt

Sorry, I didnt re read my post before posting hence missing a bit out lol

I got 2 payslips, 1 for the 2 days and one for the 2 days and the 5 days for the following week. The first payslip for the 2 days had tax and ni come off it. Then the next one, the 2 days and the 5 days were taxed and nied. They then took the net amount they paid me from the first week for the 2 days off the net for the 5 and 2 days together.

Very confusing, I know hence me asking the agency what had went on, after so many times on the phone with no clear answer and trying to fob me off, it got beyond a joke.

What are the severe consequences of the employment tribunals?

To the person who asked about my hours, yes Ive been keeping to them as I know its pretty serious if you dont.

The travelling expenses is if you dont have a fixed place of work, ie work for different companies with an agency and many different agencies, you can claim the tax back on your mileage. Either through a form called a P87 (I think) or you can do it through an umbrella company.

Anyone know about payroll on here who could help me work out exactly what has happened or have any insight at all?

HappyMJ

You are self employed. Or more technically employed by the umbrella company contracted to the agency who then is contracted to the client. When there is no work you don't work and you don't get paid. An employment tribunal won't apply. You would be taking the umbrella company to the tribunal and their valid defence is that there is no work.

You would have been taxed at the emergency tax rate. You can get that back at the end of the tax year. You won't get the NI contributions back but they will be credited to your national insurance record for benefit or pension purposes.

As a driver you may be paid per job rather than by the hour. You then do it as quick as you want. You won't be paid for sitting in traffic or by taking a longer route or missing turns.