Temp assignment cockup

jc808

Guys just a general question (Havent looked at my contract, will do later, this is just to see what the 'general consenus' or 'done thing' is)

I temp in the print industry for a living and started with a new agency this month. The agency contact didnt seem best organised and, on my first booking (4 weeks at X, a site managed by one of the top digital print firms) she never sent me a written confirmation (On chasing the week before, as I had a potential other booking through another agency I was curtly told a verbal booking is sacrosanct and would not be followed up by a written confirmation)

On presenting myself at the site this Monday (Agency knew I was there that day as I phoned her warning id be c5 minutes late due to a train power failure, and to pass the message onto client) I was told there was no requirement for me and I had been cancelled last week.

The agency managed to get me 2 days this week and assured me they would cover my travel costs that day. Off home I went, rather annoyed id declined definite work with another agency to satisfy this evaporated booking.

Fast forward to today, on chasing this travel reimbursement, am told it may not be paid as the client (The print company) are unsure because of the amount claimed (£40.40, which consists of £30.40 day peak return and a £10 cancellation fee for refunding my weekly travel ticket I hgad purchased for this week) seems high.

The reason the travel is so high is I live quite far out from London, where the work was.

What are your thoughts? Thx

Sambucus_Nigra

What is in your contract about cancellations?

xxJudexx

Surely if the client had cancelled the week previous it is the agency who should be reimbursing you as it was their mistake?

jc808

xxJudexx wrote: »

Surely if the client had cancelled the week previous it is the agency who should be reimbursing you as it was their mistake?

This is the thing. Agency claims the client (The print company who runs the facility at the customers site) cancelled without telling her, hence their responsibility.

My gut feeling is thats a story, and that they did cancel correctly, but the lady cocked up by not telling me... but thats just a suspicion

@ first poster, dont have the contract in front of me, will look at it later, just gauging thoughts at the moment ta

Aryndeneth

xxJudexx wrote: »

Surely if the client had cancelled the week previous it is the agency who should be reimbursing you as it was their mistake?

I agree. It's the agency's responsibility to reimburse you and they can then claim this back from the client if they think it's the client's fault.

Interesting that they didn't give you a written confirmation of placement as doing things verbally was good enough. If they had a policy of doing important things i.e. confirmations and cancellations, in writing, there'd be evidence of who was in the wrong on this issue.

jc808

Aryndeneth wrote: »

I agree. It's the agency's responsibility to reimburse you and they can then claim this back from the client if they think it's the client's fault.

Interesting that they didn't give you a written confirmation of placement as doing things verbally was good enough. If they had a policy of doing important things i.e. confirmations and cancellations, in writing, there'd be evidence of who was in the wrong on this issue.

Agreed, although I have subsequent email traffic from her re: the refund and we discussed verbally so there is a contract/ obligation provable there.

The irony is this is one of the top global HR/ recruitment firms, not some cruddy backstreet outfit!!

jc808

agency has agreed to pay it in full - fingers crossed this will happen ok

thx all j

Sambucus_Nigra

jc808 wrote: »

@ first poster, dont have the contract in front of me, will look at it later, just gauging thoughts at the moment ta

No thoughts actually matter though - the contract is the only thing that does. We could all say 'yes, they must pay' but if there isn't anything in the contract, what are you going to do with those thoughts?

getmore4less

Try to use email with this agency confirming any verbal assignments
cc: the agents boss.

jc808

Sambucus_Nigra wrote: »

No thoughts actually matter though - the contract is the only thing that does. We could all say 'yes, they must pay' but if there isn't anything in the contract, what are you going to do with those thoughts?

Of course thoughts matter - what would be the point in this forum (Or indeed any discussion board anywhere) if every post was derided with a referral back to some contract, person or system?

'Is this situation at work fair?' (Ask your boss)
'What do you think a tribunal would say?' (Ask your solicitor)
'Why does my washing machine emit a pink floyd -grade laser show from its drum every time i wash at 90degrees?' (Read the manual)

PS the answer isnt on the forum rules, before you get smart...:p

Sambucus_Nigra

jc808 wrote: »

Of course thoughts matter - what would be the point in this forum (Or indeed any discussion board anywhere) if every post was derided with a referral back to some contract, person or system?

'Is this situation at work fair?' (Ask your boss)
'What do you think a tribunal would say?' (Ask your solicitor)
'Why does my washing machine emit a pink floyd -grade laser show from its drum every time i wash at 90degrees?' (Read the manual)

PS the answer isnt on the forum rules, before you get smart...:p

How do random thoughts by people you don't know override a contact that you have signed with a company?