3 days pay withheld for being late on 1 day

stuffmaster

hi there this is a bit complicated but ill make sure i put all the info

so i found work at a company through a recruitment agency and I am paid through an umbrella company, I have been working there about 4 months

the company that I work for, I do not have a contract with them, and I do not have a contract with my recruitment agency relating to this specific gig

I was late for a meeting 2 weeks ago, it was an important meeting that was meant to last all day, I was late about 2-3 hours

I am paid weekly, with one week's delay and last week I did not receive my pay at all

when i enquired the company said they are disputing my pay for 3 days because I was late to the meeting and they have incurred travel costs getting me there (day 1) / my lateness caused them harm and reputation damage (day 2) and travel to get me back to the UK (day 3).

they are unwilling to pay the 3 days and so far they have withheld the other two days from that week as well while they "decide what to do", I have not been paid that week out at all

the lateness to the meeting occurred nearly 2 weeks ago and I was not informed at all about their decision to suspend my pay, I only noticed when nothing came into my account as to be expected and I was out grocery shopping. I had to enquire myself to be informed of the situation despite 6 working days of time in between where I was in the office.

I don't believe that this is legal at all. any questions please ask

nicechap

stuffmaster wrote: »

hi there this is a bit complicated but ill make sure i put all the info

so i found work at a company through a recruitment agency and I am paid through an umbrella company, I have been working there about 4 months

the company that I work for, I do not have a contract with them, and I do not have a contract with my recruitment agency relating to this specific gig

I was late for a meeting 2 weeks ago, it was an important meeting that was meant to last all day, I was late about 2-3 hours

I am paid weekly, with one week's delay and last week I did not receive my pay at all

when i enquired the company said they are disputing my pay for 3 days because I was late to the meeting and they have incurred travel costs getting me there (day 1) / my lateness caused them harm and reputation damage (day 2) and travel to get me back to the UK (day 3).

they are unwilling to pay the 3 days and so far they have withheld the other two days from that week as well while they "decide what to do", I have not been paid that week out at all

the lateness to the meeting occurred nearly 2 weeks ago and I was not informed at all about their decision to suspend my pay, I only noticed when nothing came into my account as to be expected and I was out grocery shopping. I had to enquire myself to be informed of the situation despite 6 working days of time in between where I was in the office.

I don't believe that this is legal at all. any questions please ask

Please book yourself an appointment with a lawyer if you want a legal opinion, many do free 15/ 30 minute initial consultations.

Your umbrella company must have a contract (written or behavioural) with someone, or some company for them to receive payment for you.

Your umbrella company can pursue whoever normally pays them for your time less the hours you were late. The reputational damage claim should be covered by the contracts T&Cs or dispute processes.

Chasing for the outstanding money could range from a polite email to submitting a small claims court. Your umbrella company will need to decide what reaction which ever course you follow will have on you being offered future work.

Let us know how it turns out.

Exodi

stuffmaster wrote: »

I was late for a meeting 2 weeks ago, it was an important meeting that was meant to last all day, I was late about 2-3 hours

stuffmaster wrote: »

they have incurred travel costs getting me there (day 1) / my lateness caused them harm and reputation damage (day 2) and travel to get me back to the UK (day 3).

That is absolutely outrageous! So they spent a day transporting you across to the country to a hotel for an important meeting the next day - and you were 2-3 hours late for it?! And you want payment for the two days spent travelling to the meeting, and for the time immediately after you arrived?! Regardless of legality, you're an absolute savage!

Due to being there for 4 months, it's likely your employment may be ended. However, unless there are specific provisions in your contract, an employer can't just make deductions from your wage (outside of lateness). Whether I'd personally pursue it to Small Claims - unlikely.

KatrinaWaves

They paid to transport you to a meeting, and home.

You were late for this meeting which was so important that they paid two way travel for it.

You did not fulfill your side of the contract - to attend the meeting, therefore why should they pay you to get to and from a meeting you didnt bother to turn up until halfway through!

sparkermarketing

What was your excuse for being 2-3 hours late to an important meeting that you had spent the previous day travelling to?

Ozzuk

Before we burn the OP at the stake we should wait until he says why he was so late. If it is his own fault, then continue piling sticks up. But it could be flights/train etc was delayed, and if the company booked it and didn't give enough to allow for issues then it wouldn't be his fault and would change the position.

I had it done to me, travel booked me a changeover at Franfurt, I queried the short amount of time allowed and was told it was fine. No it wasn't, I missed my connecting flight - which was last of the day. Queue expensive 3 hour stay in a hotel, new flight the next day, major delay for site meeting.

I've had other situations where travel have made assumptions/errors causing me issues/delays.

Les79

Ozzuk wrote: »

Before we burn the OP at the stake we should wait until he says why he was so late. If it is his own fault, then continue piling sticks up. But it could be flights/train etc was delayed, and if the company booked it and didn't give enough to allow for issues then it wouldn't be his fault and would change the position.

I had it done to me, travel booked me a changeover at Franfurt, I queried the short amount of time allowed and was told it was fine. No it wasn't, I missed my connecting flight - which was last of the day. Queue expensive 3 hour stay in a hotel, new flight the next day, major delay for site meeting.

I've had other situations where travel have made assumptions/errors causing me issues/delays.

Aye, however if it was "gig" work then I'd imagine that the company would have block booked some cheap method of travel (flights/coach) and got everyone onto the same vehicle. Thus either everyone would be late, or nobody, unless they made their own travel arrangements.


Ultimately, though, I think OP is best speaking to a solicitor about this one because it could get messy. Lots of variables.


I think that the company should have paid the wages mind you, but then took OP to court for any losses they had incurred (if nothing could be mutally agreed upon). As it stands, the only real solution I can see (if they don't cough up) is taking THEM to court for unpaid wages.

JCS1

Les79 wrote: »

Aye, however if it was "gig" work then I'd imagine that the company would have block booked some cheap method of travel (flights/coach) and got everyone onto the same vehicle. Thus either everyone would be late, or nobody, unless they made their own travel arrangements.


Ultimately, though, I think OP is best speaking to a solicitor about this one because it could get messy. Lots of variables.


I think that the company should have paid the wages mind you, but then took OP to court for any losses they had incurred (if nothing could be mutally agreed upon). As it stands, the only real solution I can see (if they don't cough up) is taking THEM to court for unpaid wages.

It wouldn't be unpaid wages though would it? OP is employed from an employment agency via an unbrella company, so isn't the relationship then business to business?

TheMsTeal

KatrinaWaves wrote: »

They paid to transport you to a meeting, and home.

You were late for this meeting which was so important that they paid two way travel for it.

You did not fulfill your side of the contract - to attend the meeting, therefore why should they pay you to get to and from a meeting you didnt bother to turn up until halfway through!

Agree entirely, the other posters telling him to get legal advice etc make me eye roll, I mean the whole point of his "gig" was to attend the meeting and he is not even sure if he was 2 or 3 hours late. Do me a favour! If it was me I wouldn't employ him or the agency again.

z1a

Ozzuk wrote: »

Before we burn the OP at the stake we should wait until he says why he was so late. If it is his own fault, then continue piling sticks up. But it could be flights/train etc was delayed, and if the company booked it and didn't give enough to allow for issues then it wouldn't be his fault and would change the position.

I had it done to me, travel booked me a changeover at Franfurt, I queried the short amount of time allowed and was told it was fine. No it wasn't, I missed my connecting flight - which was last of the day. Queue expensive 3 hour stay in a hotel, new flight the next day, major delay for site meeting.

I've had other situations where travel have made assumptions/errors causing me issues/delays.

Queue (sic) 3 hour stay, why bother for 3 hours?

Les79

JCS1 wrote: »

It wouldn't be unpaid wages though would it? OP is employed from an employment agency via an unbrella company, so isn't the relationship then business to business?

Good point! Could be the case