Agencies and payment advice please

slickc2100

Hi all,

A mate of mine was offered a job through an agency 3 months ago , he worked for about 6 weeks but realised the job was not for him. This was a temp jjob as and when agency called him in. One day they phoned asking him to come in and he said he could not come in as he was busy, they have not paid him for the 48 hours he worked the previoud week. When he phoned them they said they are under no legal obligation as they have to pay him but can take as long as they like. Its been abot 8 weeks he ahs heard nothing.

Where to go from here??? Any advice please??

Thanks

jc808

Thats weird, what does his contract say?

In any case if it was me, id issue a "letter before action"

Savvy_Sue

Assuming he submitted all the right paperwork, I think it would be a Letter Before Action, stating that they appear to be unlawfully withholding his wages, and he will therefore be taking action in the small claims court if he does not receive what's due within 7 days.

Then he goes to small claims court.

slickc2100

Thanks for your reply guys just been on the phone to him to ask if he wrote to them,

apparently he had a tiny bump in a work vehicle, and the agency said they would only pay him if he sent the accident claim form back..he asked them to send it to him on two occasions which they say they have sent but he has not received..He has offered to go in to fill out the form so they can pay him..

Should he go in???

Can they withold funds like on this condition..

(Would have been nice if he explained this before!!! Men eh??!!)

Savvy_Sue

slickc2100 wrote: »

apparently he had a tiny bump in a work vehicle, and the agency said they would only pay him if he sent the accident claim form back..he asked them to send it to him on two occasions which they say they have sent but he has not received..He has offered to go in to fill out the form so they can pay him..

Should he go in???

I'd say only by prior agreement. Has he asked them to email him the form if it's getting lost in the post?

Asking for an accident form to be completed isn't unreasonable, IMO, although I do hope that he took a photo of the damage / signed something at the time to confirm the extent.

slickc2100 wrote: »

Can they withold funds like on this condition.

Depends what the contract says: if withholding wages if damage is caused is NOT explicitly mentioned, then I'd say no. And again, the way to go is LBA, unlawful deduction of wages.

slickc2100 wrote: »

(Would have been nice if he explained this before!!! Men eh??!!)

:rotfl: And I await your post saying he's got no evidence of how much damaged he caused, and the company are claiming the van needs a whole new bumper / side panel / roof* which he denies. (* Not joking about the roof: a colleague made a nice hole in the roof of our van going under a height restriction bar!)

Followed by your post saying he's lost / never had a contract.

slickc2100

lol Savvy thanks for your reply..

I asked him earlier hes misplaced his contract:mad::mad: Looks like I'll have to go round and try to hunt it out (Unorganised male)!!

Hes got pics of the damage to TP vehicle minor scratch on number plate,,

He said he is willing to fill out the accident form so I might advise him to go in on Monday.. Or if he doesnt feel comfortable with that write to them recorded delivery asking them to send the acccident claim form via email or recorded del.