Dismissed after 3 weeks and no pay

Deleted%20User wrote: »

Send them a written letter before action, 7 days notice then get over to Moneyclaimonline and start a claim if no response - you should get the payment back for lodging claim it might take a few weeks but stick with it.

You deserve to be paid.

I would send it to the company personally, in the absence of the agency not making it clear you were registering with them. (Normally you know because the agent asks you to sign new starter form, asks for bank details the stuff the employer should etc)

Again you are giving advice based on your experience as a worker employed by an agency; you need to be aware that agencies work in a number of different ways. When the recruitment agent acts only as a recruiter, as is much more likely in a job of this nature, it doesn't do anything of the sort at all. I have got every job I ever had through recruitment agencies and never "registered", filled in any forms or done anything other than speak to them on the phone. The agency's contract in that case is solely between them and the company; you are just someone they have contacted; which would explain why the agency doesn't want to get involved. They still should, but they won't want to, and they don't necessarily have any record that the employee even started the job.

OP, I would not expect a reputable agency to lie though, if it comes to legal action, but there may well be a difficulty in obtaining whatever supporting information they do have. If the company claim you were only there a day, they might well not be able to say different. Do you actually have any proof you were employed at all? Emails etc? If you have such then the agency are not really any help to you and I would ignore them.

If you were supposed to be employed, and you send an invoice, you are probably complicating the issue and might be shooting yourself in the foot.

DaveyCrockett wrote: »

Hi

Thanks for the advice. Sadly I have no email confirmation regarding the role. The recruitment agency will only confirm I received a job offer. However they are now recruiting for the role again, they would have sent an invoice and they must have had at the very least conversations with the company. I am quite shocked how the agency have behaved.

The only evidence I have is some accounts ledger printouts and copy invoices. Which I intend to give to HMRC as I believe the company are committing fraud!

Surely they can confirm you accepted the offer, as you did it through them?

As far as starting, or lasting 3 weeks goes, though, they probably can't confirm that. They are not necessarily going to have conversations between you starting and 3 months in or wherever the point is at which they can bill. This being the case, even if they did have conversations, as their income stream is from the company, it's not in their interests to put anything in writing for you. The company is their customer.

Did you have no email or written communication offering you the job at all? Just a phonecall? Did you resign from your previous job on the basis of that or were you unemployed? Nothing in writing about your dismissal either?

anamenottaken wrote: »

At that interview (or on your first day), did you provide evidence of your right to work?

I am really not seeing how that is going to help. Where are you going with it?

anamenottaken wrote: »

What sort of employer doesn't check right to work? What sort of employer has a new employee starting in a position of trust the first working day after interview? References all by phone or taken up before interview?

I would have been rather cautious at starting in such an organisation.

So it's not going to help him at all. Fair enough to make the comment, just establishing that any answer he gives is more for your curiosity than to actually help with his question.