Agency not paying up

Buster_Danog

My friend has been working for an agency, and 3 weeks ago they failed to pay her. They promised it was an error and she continued to work, but the money was never put into her account. Now she has stopped working for the company but the agency still won't pay up. When she asks them over the phone they say it will be paid the same day, but it doesn't happen.

Does anyone know the best way to approach this and what the long term plan might be if the agency doesn't pay up? Would it be a small claims court or something? She has all her timesheets which were signed by the company she was working for.

Of course the company just refer her to the agency, and the agency don't pay up. I think there is more than one worker this is happening to who got this work through the agency.

brightonman123

contact the firm direct, see if they have been billed / paid up, ask for money direct?


also report to police(?) - is technically theft, I guess.

kingfisherblue

Is she in a union?

My daughter used to work for an agency (care work), and they didn't pay her for one of her calls. At first, they admitted their error and said that they would pay the following month. It was a small amount, so she accepted this. It happened again, and when it happened the third month, she told them that if she did not receive the money due to her within seven days, she would ask her union to get involved, as the agency were illegally withholding her wages. She received the amount the next day.

agrinnall

Nothing to do with the company as there is no contract between them and your friend. And certainly don't bother wasting time with the police as they won't be interested in a contractual dispute (it's not theft in any way).

Union could work if she's in one, but many agency workers aren't.

So she needs to take one step first, and then a second if the first doesn't work.

1) Letter Before Action setting out what is owed and giving a (short, perhaps 7 days) time for it to be paid.

2) Small Claim using https://www.moneyclaim.gov.uk/web/mcol/welcome