Been knocked BY AGENCY for three days work HELP

[thisisricky]

Hi all
heres my problem I was sent to a huge job in London by an agency (don't want to mention whom yet) we was told two to three months work but on arrival you could see there was no chance of that.

It was a fire alarm job and way past the second fix stage we was just literally popping the smoke heads and call point faces on no tools needed.

after one and a half weeks we get laid off and the foreman said it was political and absolutely nothing to do with our work and promised he would send the time-sheets off.

the first week was paid fine but the second week never came I phoned the agency they said manager of the firm refused to send the hours because our work was bad and he is compiling a report of the mistakes we made. It's been two weeks and he hasn't sent it yet. Bare in mind it was twisting smoke heads on a open planned office floor with a drawing near on impossible to mess that up.

Now as far as I knew we should get paid regardless of the work done we are paid for our time not work. Who do I aim my appeal at any ideas of what steps to take loosing the last weeks money before Christmas is an absolute nightmare.

 

[LED Lighting]

Issue them 1 letter stating that they must pay you within 14 days - state amount you are owed

If still no result issue them with a second letter (Letter before action) stating amount owed and give another 14 days

If still no result contact small claims - you will win - as long as what you have told us is correct/true


Check your contract states per hour and not per job or anything about quality of work!

 

[Funky Gibbons]

Its the agency who is responsible for paying you not the client they work for agency's cannot withhold payment from you simply because they have not received payment from there client or because you cannot produce a signed time sheet. Or if the client refuses to sign any time sheets it is the agency’s responsibility to establish the hours that you actually worked. You should be paid for these. Not the client good luck with this one mate all agency's are up your arse when your working but when you need them in times of need they put big busines before me and you but what they don't understand is that it couldn't work without us

 

[Darkwood]

Firstly forward your times direct to the Agency they can't pay you unless they know.
Find out the terms and conditions under which the Agency hires you out and whether the contractor is in breach of them.
Read the terms and conditions between you and your Agency check for clauses where the contractor may withhold payment/timesheets and for what reasons

Once you have established all this then you can if you have the right to put pressure on them ...this also maybe employment suicide with the Agency as all of a sudden with all the hassle this creates they may think your too much trouble to have on the books - legally they can't do this but legally its very hard to proof.

 

[camerabloke]

Welcome to the club. I had the same from an agency. Ended up using money claim online and ended up settling out of court. So stick to your guns and it will sort itself out. Unfortunately this thing happens all the time in our trade.

 

[Funky Gibbons]

I totaly agree with what Darkwood has just stated for 1 you need to check your contract thats if you even signed One and 2 these agency's wont let it go if you kick up a fuss over 3 days pay i truly believe they have a database with names of agency workers who ask to many questions.

 

[Farmelectrics]

Go to the union name and shame the agency

 

[Sintra]

Any agencies I have dealt with insist on a signed time sheet from the employing contractor. The reason being that an agency worker could easily claim for x hours when in fact they have only worked y hours. This also means that the agency bills the correct hours to the employing contractor.

 

[VoltzElectrical]

The last 4 agencies I worked for, I never saw a timesheet. I worked, I got paid through an umbrella company who sent me a remittance note every week. I checked the details on, never had a problem.

This is an awkward situation where chasing a few quid could cost you in the long run with blacklisting. And yes, it does go on.

 

[Funky Gibbons]

Go to the union name and shame the agency

Goin to a union will guarantee no more work with agencies are you willing to take the risk for 3 days pay plus unions wont help trust me.

 

[thisisricky]

Some good points in there lads thank you

I have no signed contract with this agency they never sent one

I signed a contract with the umbrella company and that's what the women at the agency keeps refereeing to saying I'm self employed and I signed that any works not completed correctly will be rectified at my own cost.

Well all I am more than happy to pop back and fix any I did wrong but I can 100% guarantee they wouldn't let me and guarantee there is nothing wrong.

I only work work for agencies so don't want to join this dreaded blacklist. Monday I am going to see security see if they can give me a print out of my coming and going on the site to prove I was there and send that to them

the fact this manager hasn't sent this report back in two weeks says enough that they can't put any blame on us he just doesn't want to pay.

Gutted

 

[Engineer54]

Who's company signed the cheques that you have received to date?? They are the ones to chase, and i'm betting it was the agency. Also, if all you're dealings with this work are conducted through this agency, then they are acting as the legal agents for that company and legally just as liable as the actual company you were conducting the work for.

 

[Essexboy7]

I feel for you mate i have had the same crap with these vermin parasite agencies loads of times.I think if you read the small print of any contract it will say that they will only pay upon production of a signed timesheet and you agree to rectify work at your own cost.The fact that you havent signed a contract yet only strengthens their case not yours even if you have already been paid.The best way i can suggest is to go back to site and get hold of the governer or foreman of the firm and straighten it out with them.I have fallen out with nearly every single agency under the sun at one time or another and they still phone me up when they have some crap job that no other mug wants so i wouldnt worry about it too much.Good luck

 

[thisisricky]

Another lad who also has been knocked (there is three of us in total) phoned the foreman he said our work was perfect nothing wrong with what we did he filled out a time sheet and sent it to the office. he said im afraid they must be trying it on at the office. its a real shame they seemed like a half decent firm bit unorganized but had offered us to come on direct in the new year and i was thinking about it now this.Bewteen them and the agency i dont know who to trust or to vent my attack at.

one thing for sure its a lesson learnt when you get laid off dont leave the building untill a timesheet is signed that would narrow it all down to the agency only.

only thing is i havent seen a timesheet for about 7 years firms usually do one large one for all the men