Wages witheld

iancarrig2750

I'm a contract worker, working away from home. i accepted a job through an agency, they emailed me the details of the job, who to report to etc.

The job actually started on Monday 15/08/16 but the agency was aware I couldn't start until 18/08.

Due to nature of job we are issued a Security Pass, this pass lapsed on 30/08, Tueday morning.

Unbeknown to me it was I hadn't returned the Security Application within the time limit given and i didn't know that it had to be given back by end of 2nd week. I usually get issued a renewal security pass, I might add I worked at this job last year but the rules have since changed.

Anyway I went home finished completing application took it back before midday only to be told it was incomplete and that I won't be able to come back to work. I was missing 2 x Referees who needed to complete a section of the form.

It would take a week before I get it the forms back and another week before its finalised by which time I would lose up to 2 weeks in wages.

I rang the agency on Tuesday afternoon 30/08 and the consultant I deal with was out of the country so I explained the situation to the person on the other end of the phone and that I won't be able to continue to work because of the delay in getting back to work and wasn't financially viable losing 2 weeks wages, he then went onto say he'll pass my message on. I didn't put anything in writing afterwards when I rang them.

It wasn't until Friday 02/09 when I found the agency put a stop on my wages, rang them but got answerphone but only this week when I did get a reply back via email from the consultant to say office is closed on friday and that I broke contractual agreement and didn't give notice to resign and I will not be paid and that it cost the company money and that it was bad for their business with the client.

I have not received a contract from the agency or their employment guidelines and i had only worked for them 2 weeks when this situation with security pass came about and I left. Should I pursue this and get expert advice? Any guidance would be helpful at this point. Thanks

Guest101

You can try small claims court as you are only seeking wages, but if you breached contract they can claim their losses

iancarrig2750

How can I be in breach of a contract when I have not received any contract outlining their requirements of giving notice. I had only been working couple weeks. I only received an email detailing name of company, address, who to report to, time to report. That's it.

Undervalued

A contract can be verbal and can include the firms standard policies and procedures. It is not just a sheet of A4 with the word "contract" on it.

However unless there is clearly some contractual requirement about notice the statutory minimum applies. With less than a month's employment that is zero!

Alice_Walker

Can you edit your post to include some paragraphs please OP? It's very difficult to read a wall of text.

Guest101

iancarrig2750 wrote: »

How can I be in breach of a contract when I have not received any contract outlining their requirements of giving notice. I had only been working couple weeks. I only received an email detailing name of company, address, who to report to, time to report. That's it.

In lieu of written contract, you will have either a verbal contract or the statutory minimum


You also previously worked there and must've been aware of atleast some of the T&Cs

iancarrig2750

Hi Alice

Have reworked my piece so it's easier to read.

iancarrig2750

No new agency and no T&C received from this agency.

Also when I worked their last year the rules were different whereby I had my passed renewed every two weeks as I did not qualify for a white pass.

This year so I just found out that the application has to be completed and handed in within two weeks. Because I was not there at the start of the week and when I got given the form there was no mention of the time frame in completing this and i just assumed on my part that when my pass expired like last year it will be renewed again. Naive on my part it seems.

sangie595

The likely scenario here is that you sue them, they sue you, and if you are lucky you won't come away owing them money!

If you didn't start until 18th and the 29th was a bank holiday, we are talking less than two weeks wages. I'd suggest a letter before action, and if they don't pay, you will have to decide whether it is worth the risk. I'm not sure it would be. Perhaps it's nothing more than a lesson in being more clear about the rules in future?