Final wages from employer not paid?

z4kir

Basically my mum has been working at a school as a cleaner, and hasn't received her final wages to the amount of £275. she was employed by an agency (employment business) and not by the school directly. The agency seems to be a proper dodgy business, as far as I can tell I think it may have been setup in some1s front room.

Ongoing problems for months due to late payment of wages, they did eventually get paid but was usually late and in cash. Wage slips were sent alot later. To cut a long story short the agency is no longer supplying the school. Final wages owing for March-April have not been paid. The employees received a letter from the agency stating that due to non payment from the school, they would not be settling the final wages to the employees until they receive payment themselves.

Did a bit of research and found the The Conduct of Employment Agencies and Employment Businesses Regulations 2003, Section 12. Which stated that payment could not be withheld for "(a) non-receipt of payment from the hirer in respect of the supply of any service provided by the employment business to the hirer"

I wrote out a lovely letter, took an hours of my time in total, (should have invoiced for my time aswell) stating the regulation etc and that payment is to be granted within 14 days

Well sent the letter recorded delivery on Tuesday 29th May, this morning the letter has been returned! Not seen the actual envelope yet so I don't know if Royal Mail messed up or that the agency refused receipt of the letter, I was planning to allow the initial 14 days, then if no reply I would write back threatening legal action after the following 14 days and then use the moneyclaim website to start legal proceedings

I wasn't expecting this atall ... what do I do now if the agency has refused the letter? does my letter posted on the 29th mean nothing?

Bean_Counter

This pay when paid is a load of rubbish. Go to Citizens Advice Bureau or similar as on the face of it you have a clear case.

Xbigman

If the agency is a one man band using a private address and its in trouble they will certainly refuse to sign for the letter. But you should get the letter back with something saying they refused to sign and you should keep the proof that you sent the letter whether they accepted or not. The fact you tried to contact them can be significant.

Go to the citizens advice bureau who will help you take the next step. The agency cannot legally withhold payment on the grounds they have not been paid but if they really don't have the money it can be tricky. Is it a limited company? If it is they can just go bust and pursueing this may be pointless.
The CAB will tell you all this.
Regards


X

z4kir

Thanks guys, spoke to my mother and it does say on the envelope that the "company" refused to accept the letter, Will be writing another letter tonight giving them another 14 days (with threat of legal action). I doubt it's a limited company, no mention of it on any of their letters or on their website.

I'm doing this all based on my previous experience in claiming back bank charges, so hopefully will be doing it right. Might pop down CAB if I get time during my lunch break.

LittleVoice

If it were a limited company, it would have to display the fact, its number and its registered office address on letterheads and website. So you could pursue the individual(s)/principal who run it. Good luck!