Underpaid by Employment Agency

alwayssmile123

Hi guys,

Hope some of you can help as this is really irritating me now.

I basically took on a temp role through an agency. The whole thing was a sham from start to finish. But I'll try and focus on what's important.

1. The role lasted 3.5 weeks
2. the agreed pay rate was £15 p/h LTD rate
3. I signed up with an umbrella company for this.

The role has finished, and initially they paid the umbrella company a random amount instead of the total owed plus VAT.

After arguing with them, they finally paid abit more.

However, they have currently underpaid by approximately £600.

They have really confused the matter by stating that the first 2 weeks I was working was paid at the PAYE rate of 12 p/h. This 12 p/h would have employers NI paid on top, and should have an element of holiday pay paid on top.

However, they did not put the PAYE part through their own payroll (So employers NI has also been paid by my umbrella) and no holiday pay is to be paid on top.

The complicated issue here is that I'm now in a situation where 1. they have underpaid on a few elements.

I did not actually sign anything with them, but the rate was agreed verbally.

I will now have to pay another £80 margin to my umbrella company to process any of the outstanding balance owed.

I have asked the agency to sort it out, they have refused to discuss it over the phone and have now not bothered replying to my email (which i suggested i would be taking the matter further)

Could anyone suggest 1. If it is worth pursuing (I really can't stand being cheated) and 2; what I can claim for.

Many thanks in advance.

Gazzafatcityboy

Hi there,

Can you give a break down of the numbers please?

It would help quite a bit.

What you expect to be paid vs what you actually got paid.

Then we can see if there is any problem with their logic.

alwayssmile123

Hi,

Total hours worked: 127
Agreed hourly LTD rate: £15.56
Total Gross: £1976.12

They have paid, so far: £1500.05

Outstanding: £476.07

These figures exclude VAT etc. and are what i should have received. But the agency have confused matters by firstly not paying the VAT and by paying in part @ the PAYE rate of £12.50 p/h.

They initially claimed that the employer has underpaid them, to which I reminded that of our agreement. They did not pay the umbrella the VAT with the invoice (umbrella says this is not legal), so umbrella had to recalculate the amount paid to include VAT.

It has become so complicated, but as per our agreement they would need to pay the outstanding of £476.07 + Vat to the umbrella.

What an unnecessary pain this is.

Thank in advance, and hope that I make some sense.