Please I am desperate - agency won’t pay

joeee99

I am PAYE employed through an agency. I have been there for almost 3 years. Since I started With them I have worked for the same company. Longest period with no work was around 3 weeks last year. 

The company I work for have asked that I be furloughed as of 31st March. So I meet the criteria for the furloughed worked scheme ran by the government according to everyone I have managed to get advice from. 

The agency originally stated they had no issues with this however didn’t have the funds to pay anybody on their payroll on the basis that they will claim it back once the portal opened.(this was around 3 weeks ago) which I understood so would have to scrimp and try get by until then. 

Fast forward to this week, I emailed their managing director this morning and his response was the following (put in my own words to save his endless droning on about how much they apparently care). 

He stated that they will not apply for the government grant because they will lose out on ‘apprentice levy’ fees and admin costs and also won’t apply until the government set in stone whether or not we will incur holiday pay during furlough and who would be liable to pay for that. I have even offered to waive any right to incur holiday during the furlough period  and still they will not do anything. Times are hard, I cannot go another month without an income I will lose everything. Please if anyone knows of any way I can try and sort this I would be very grateful. 

joeee99

Also, with regards to universal credit I have spoken to them and because my last pay check was end of last month, I’m not able to claim anything until the 26th may at the earliest. Nor can I afford to borrow any money. 

daKlone

I feel your pain, there are many of us in the same position.

Sadly at this moment there is nothing you can do except perhaps lobby your local MP, the Treasury, Rishi Sunak and Martin Lewis himself to try and get Govt. to look at this problem.

7Phil

Sounds like you've hit some seriously hard times which I feel sorry for you about. I don't have any magic fixes for you sadly.
If you haven't already try and get in touch with a financial charity (which may be hard as you aren't going to be alone). One of the ones the government endorses is: https://www.turn2us.org.uk/ they may have some online information to be beneficial to you.
Without delving into your full financial situation (which you should not do online anyway) or knowing where you live and what is in your community I cannot say too much more otherwise I'd just be stabbing in the dark.

Good luck and I hope you get some good news soon.

joeee99

So is their reasoning legal? Or is it a grey area at the moment? I’m no expert at all but it just doesn’t sound right to me at all.

poppy12345

joeee99 said:

Also, with regards to universal credit I have spoken to them and because my last pay check was end of last month, I’m not able to claim anything until the 26th may at the earliest. Nor can I afford to borrow any money. 

This is not correct. Your last wages will not affect any claim for UC because you haven't yet applied. Earnings only affect UC in the month you receive them, if you're already claiming UC.

Use a benefit calculator to see how much you maybe entitled to.  https://www.entitledto.co.uk/ Savings/capital of more than £16,000 will exclude you from claiming.

A claim for UC will end any tax credits you may already be claiming.

Council tax reduction can be claimed from your local council.

7Phil

Fundamentally if they do not offer to furlough you then you have no options.
Their reasons to not furlough you are not relevant. If it is not possible (or not feasible) then you can't force it on them I'm afraid.

Absolutely do what you can to fight for yourself and hope to change their minds - you never know what might happen.
In the meantime you will need to work from what you know and do what you can to get income.

calcotti

joeee99 said:

Also, with regards to universal credit I have spoken to them and because my last pay check was end of last month, I’m not able to claim anything until the 26th may at the earliest. Nor can I afford to borrow any money. 

I’m not sure you have understood what you have been told correctly. If you were paid at the end of last month that should have no impact on a UC claim made now. If you claim today your first payment would normally be on 31st June (one month and a week) but you may be able to get an advance. If you are not expecting any more payments from your employer there is no point in delaying a claim.
Information here https://www.citizensadvice.org.uk/benefits/universal-credit/. 
Claim online https://www.gov.uk/universal-credit/how-to-claim. You both have to claim and entitlement is based on your joint circumstances.

There are online calculators to help you assess entitlement  https://www.gov.uk/benefits-calculators

You will be excluded from claiming UC if you have joint capital/savings over £16,000.

Be aware that claiming UC will end any Tax Credits, Housing Benefit etc you currently receive.

joeee99

poppy12345 said:

joeee99 said:

Also, with regards to universal credit I have spoken to them and because my last pay check was end of last month, I’m not able to claim anything until the 26th may at the earliest. Nor can I afford to borrow any money. 

This is not correct. Your last wages will not affect any claim for UC because you haven't yet applied. Earnings only affect UC in the month you receive them, if you're already claiming UC.

Use a benefit calculator to see how much you maybe entitled to.   Savings/capital of more than £16,000 will exclude you from claiming.

A claim for UC will end any tax credits you may already be claiming.

Council tax reduction can be claimed from your local council.

So I applied for universal credit last month once I knew I could no longer work. It was before the gov announced the furlough scheme. But because my final payslip came through after the claim, my payment for this month is 0. Meaning I will not receive a payment until the 26th may. 

joeee99

7Phil said:

Fundamentally if they do not offer to furlough you then you have no options.
Their reasons to not furlough you are not relevant. If it is not possible (or not feasible) then you can't force it on them I'm afraid.

Absolutely do what you can to fight for yourself and hope to change their minds - you never know what might happen.
In the meantime you will need to work from what you know and do what you can to get income.

So if the company I work for request I be furloughed the agency still have no legal obligation to furlough me? 

poppy12345

joeee99 said:

poppy12345 said:

joeee99 said:

Also, with regards to universal credit I have spoken to them and because my last pay check was end of last month, I’m not able to claim anything until the 26th may at the earliest. Nor can I afford to borrow any money. 

This is not correct. Your last wages will not affect any claim for UC because you haven't yet applied. Earnings only affect UC in the month you receive them, if you're already claiming UC.

Use a benefit calculator to see how much you maybe entitled to.   Savings/capital of more than £16,000 will exclude you from claiming.

A claim for UC will end any tax credits you may already be claiming.

Council tax reduction can be claimed from your local council.

So I applied for universal credit last month once I knew I could no longer work. It was before the gov announced the furlough scheme. But because my final payslip came through after the claim, my payment for this month is 0. Meaning I will not receive a payment until the 26th may. 

Ah yes, you didn't mention you had already applied. Your earnings would have reduced your UC by 63% if you don't have a work allowance. What you should have done was wait until after you received your last wages and then apply.