End Company Not Adhering

dranzer01

To summarise - 

Work was carried out, for example 5h April - 14th April. 

I was informed that the contract had been terminated (on, for example, the day of 14th April when I called around to investigate) ; (after I had to do digging around to find out why I couldn't log in).

Agency has informed me that said company will be paying, for example, 5th April up to the 9th April (which is a normal 5 day working, 35 hour week)

I informed said agency that that doesnt make sense, as I worked all the way up to, for example 14th April, so I am missing the remaining 2/3 days of the following weeks pay ( 12th/13th/14th April)

I have received payment for said week and no monies for the remaining days stipulated here. There have been no responses back.

How would I proceed on this matter/any legal/statute on how this has breached contract. 

Many thanks on help.

Marcon

dranzer01 said:

To summarise - 

Work was carried out, for example 5h April - 14th April. 

I was informed that the contract had been terminated (on, for example, the day of 14th April when I called around to investigate) ; (after I had to do digging around to find out why I couldn't log in).

Agency has informed me that said company will be paying, for example, 5th April up to the 9th April (which is a normal 5 day working, 35 hour week)

I informed said agency that that doesnt make sense, as I worked all the way up to, for example 14th April, so I am missing the remaining 2/3 days of the following weeks pay ( 12th/13th/14th April)

I have received payment for said week and no monies for the remaining days stipulated here. There have been no responses back.

How would I proceed on this matter/any legal/statute on how this has breached contract. 

Many thanks on help.

Depends what the contract says. If you've done work required by the end client to a satisfactory standard, then you need to keep digging to find out why you aren't being paid.

How much money is at stake here? Whilst it may be very tempting to trumpet about it being 'the principle of the thing', there may come a  point, however annoying, where bashing your head on a brick wall over £30 or so is doing you more harm than good. If on the other hand it's £300 or so...but why isn't your agency helping?

dranzer01

Id say its around £400-700 - The agency informed me that 'they will try their hardest to see if the end agency can pay it/why they are only saying about those said days and not the rest'......

I was in contract. I was working - 

When the contract was 'terminated', I wasnt aware of this. I continued working on the last day, up to a point where I thought to 'contact the agency to find out what is going on'. So I dont believe im at any fault here - I should be paid accordingly. Either the agency or the end company should have communicated something or another about the contract or the work - but that doesnt the case....

unforeseen

What we're your contracted dates? 

What end agency? Isn't the company contracting with your agency to supply you or is there another agency in between. 

Grumpy_chap

Can we be clear that all the "for example" dates are actual dates?  It will be so much easier to understand.

Is the case that you took a contract role with an end Client via an agency, starting 5th April?
Homebased, with remote log-on.
You then worked the 5-day week to 9th April, so you worked the Bank Holiday Monday as your first day on the contract.  Is that correct?  It is not common to start a new contract on a Bank Holiday, but it could depend on the sector you are working in.
What is the termination period in the contract?  Not uncommon to be NIL days.
Did you (inadvertently) submit a time-sheet for 5-day week when it should have been 4-days because of the Bank Holiday?  That would be enough reason for most Clients to simply terminate.

deedee71

Was this an inside or outside IR35 contract?  If inside this may help - https://www.gov.uk/agency-workers-your-rights/pay.  

dranzer01

Below is an extract of the 'termination' part of the contract - 

I believe this was inside IR35 with the agency.

Contract started 1st February and 'ended' 10th February.


TERMINATION

12.1. Termination of a Client Assignment does not terminate this Contract.

12.2. You may not terminate your employment until any current Client Assignment can also be lawfully terminated by us.

You may not terminate a Client Assignment without also terminating this, your Contract, without our written

agreement. Subject thereto, this employment may be terminated by written notice as follows:

12.2.1. During the first month, either by you or by us with immediate effect

12.2.2. Until you have achieved two years continuous employment, either (a) by you giving us one week’s

notice, or (b) by us giving you one week’s notice

12.2.3. Thereafter, either (a) by you giving us two weeks’ notice, or (b) by us giving you notice of two weeks,

plus one additional week for each year of continuous employment, up to a maximum of twelve

(maximum notice fourteen weeks);

12.3. Your employment will automatically terminate, without any requirement for notice, if continuation of your

employment would become unlawful, whether by reason of the expiry of any required work permit, or otherwise.

12.4. We may terminate your employment with immediate effect without notice and with no liability to make any

further payment to you (other than in respect of amounts accrued due at the date of termination) if you:

12.4.1. are guilty of any gross misconduct affecting our business;

12.4.2. commit any serious or repeated breach or non-observance of any of the provisions of this Contract;

12.4.3. are negligent and incompetent in the performance of your duties;

12.4.4. are declared bankrupt or make any arrangement with or for the benefit of your creditors or have a

county court administration order made against you under the County Court Act 1984;

12.4.5. are convicted of any criminal offence (other than an offence under any road traffic legislation in the

United Kingdom or elsewhere for which a fine or non-custodial penalty is imposed);

12.4.6. cease to be eligible to work in the United Kingdom;

12.4.7. are guilty of any fraud or dishonesty or act in any manner which brings or is likely to bring us or the

End Client into disrepute or is materially adverse to the interests of us or the End Client.

12.5. If on termination:

12.5.1. you have taken more than the amount of paid leave to which you are entitled (calculated to the date

of termination) there shall be deducted from your final salary payment such sum as represents the

amount you were paid for that excess period.

12.5.2. you have taken less than the amount of paid leave to which you are entitled (calculated to the date of

termination), we may require you to take the remaining accrued paid leave entitlement as part of the

notice period; failing that, there shall be added to your final salary payment such sum as you are

entitled to in respect of accrued paid leave entitlement.

12.6. On termination of your employment for whatever reason, you will forthwith return all property belonging to us

or to any End Client which is in your possession or under your control. You will if so required by us, confirm in

writing that you have complied with your obligation under this term.


1) I also have or did not receive 1 weeks written notice or even 1 weeks notice in itself.... (so this is another sole issue in itself to be honest)

2) From 12.3 to 12.4.7, there was nothing here in which I did which would have been wrong or negligent.

deedee71

The agency haven't terminated you though, the end client no longer requires your services.

Does look like the agency regs I gave you a link to applies.  The agency shouldn't without wages while they sort out the 3 days or so that the end client are disputing.

You said your login no longer works but do you have any other proof you provided your services on these days?

dranzer01

deedee71 said:

The agency haven't terminated you though, the end client no longer requires your services.

Does look like the agency regs I gave you a link to applies.  The agency shouldn't without wages while they sort out the 3 days or so that the end client are disputing.

You said your login no longer works but do you have any other proof you provided your services on these days?

Thats correct, the end client terminated it. 'The agency shouldnt without wages?'


The work I was doing was excel based, so im not sure how thats going to correlate or show as a timestamped proof (although there is some sort of information as to when you logged into the spreadsheet etc; but I think thats about it)

Again, I was working away, blissfully unaware that the contract 'was' going to be terminated and the fact that nobody reached out to me to inform me that it is going to be terminated. They could have decided to terminate it on the monday of the second week, and I am still working away until the Wednesday (Wednesday was when I saw i couldnt log into outlook, however it was fine to log into on monday and tuesday; and that was when I followed up)

dranzer01

And also, to clarifydeedee71 said:

Was this an inside or outside IR35 contract?  If inside this may help - https://www.gov.uk/agency-workers-your-rights/pay.  

And to clarify on the link you provided, where it says:

If your agency withholds your pay

Your agency can delay paying you while they get proof of the hours you worked, but only for a reasonable period of time.

Your agency cannot refuse to pay you because your hirer’s unhappy with your work - this is a contractual issue between your agency and the hirer.

You can make a claim to an employment tribunal if your agency is refusing to pay you.

Would this interpret that the agency STILL needs to pay me (and not wait for the end client to pay THEM, for them to still pay me...?) Because if this is the case, I will contact them now and chase this up with vigour. 

deedee71

Sorry autocorrect  - it should have said withhold wages.
 
As per the link provided, the agency can't withhold wages.  You worked, you get paid.