Employment Law

[mwigham85]

Hi Guys,

Ive just left a job because my employer offered me £16.25 per hour I worked on a self employed basis for 5 weeks being paid through CIS as a kind of trial period it was all going fine. I asked him one week before I was due to start for him on the books if my rate would stay the same which he replied "Yes but you will take home less" and I said "Is that because I will have to pay national insurance up front?" and he replied "Yes". Nothing more was said about the particulars of my contract until he finally gave to me 2 weeks after I was meant to have started on the books. I asked him about 4 or 5 times to see my contract before he finally gave it to me and in it my rate of payment had been reduced to £12.04 which is not what I had expected by a long way especially when your doing 45hr weeks thats £189.45 a week less so I just packed my tools and left. During the 2 weeks prior to this I had earned about £1330 after tax which I had expected to be paid on the first of this month he didnt pay me so I contacted him and he told me he would only pay me £600 as I was in breach of contract he wants me to pay a £550 finders fee which he paid an agency for finding me plus a little extra because he's a nob jockey any way can he get away with this as I was only working direct for 2 weeks and he lied about my rate of pay?

Thanks in advance Mike

 

[trev]

You need to see a lawyer mate, or at the very least the citizen's advice bureau.

 

[Pete999]

Take him to a tribunal, you have bee stitched up, barsteward

 

[Knobhead]

It’s no good moaning about it on here, get a solicitor involved.

 

[Octopus]

What did the job "offer" letter state?

 

[bluestar]

perhaps he thought someone else might have had similar happen and could advise the best course of action

 

[Octopus]

perhaps he thought someone else might have had similar happen and could advise the best course of action

Errrrrr.

In such disputes the offer letter or contract will be the "discussion" point.

 

[amckay]

I doubt you'll get anything from him.
Put it down to experience and move on.
Just make sure you have an alibi when his car goes missing.

 

[Englishman]

Hi Guys,

Ive just left a job because my employer offered me £16.25 per hour I worked on a self employed basis for 5 weeks being paid through CIS as a kind of trial period it was all going fine. I asked him one week before I was due to start for him on the books if my rate would stay the same which he replied "Yes but you will take home less" and I said "Is that because I will have to pay national insurance up front?" and he replied "Yes". Nothing more was said about the particulars of my contract until he finally gave to me 2 weeks after I was meant to have started on the books. I asked him about 4 or 5 times to see my contract before he finally gave it to me and in it my rate of payment had been reduced to £12.04 which is not what I had expected by a long way especially when your doing 45hr weeks thats £189.45 a week less so I just packed my tools and left. During the 2 weeks prior to this I had earned about £1330 after tax which I had expected to be paid on the first of this month he didnt pay me so I contacted him and he told me he would only pay me £600 as I was in breach of contract he wants me to pay a £550 finders fee which he paid an agency for finding me plus a little extra because he's a nob jockey any way can he get away with this as I was only working direct for 2 weeks and he lied about my rate of pay?

Thanks in advance Mike

He does have to pay the agency for you if you're employed within 13 weeks, but you weren't, because I'm assuming you never signed a contract? And why did you stop putting time sheets through an agency before you'd even signed a contract?

To be honest, he could well get a away without paying you anything for those two weeks as you hadn't actually started employment, and I doubt he has you on any accounts. Very odd sounding situation but you don't seem to have helped yourself.

 

[Had8Lives]

Employer sounds like a cheating slave driver to me.

 

[Deleted member 26818]

Send him a letter, detailing the terms that were agreed, along with an invoice for the missing amount.
You could point out that under no circumstances would you agree to cease working through the Agency and go direct for a lower rate.
If he does not pay the invoice then take him to the small claims court.

 

[atm84]

Any update on this. Could be useful for others in a similar situation.

 

[Leesparkykent]

Any update on this. Could be useful for others in a similar situation.

he took a dump through his letter box last I heard lol

 

[newtothis]

Firstly there’s a lot of dodgy employers out there, on face value you have my support, not that that’s worth anything.

For the breach of contract your employer alleges. Were you ever given details of this allegation in writing and invited to an investigation meeting, r notified of any disciplinary proceedings ?

Employment tribunal (ET) You now have to pay the fees for this out of your own pocket. As far as I know its’ about £1700. On face value I wouldn’t gamble that money. Prior to ET You need to show you have tried to resolve your issue with the employer via the employers grievance procedure.

Did you ask for p45 print out from the agency, and give it to the new employer ?
Otherwise the chances are that you’d would have paid emergency tax. Check your payslip for the phrase “week 01”

As others have said, what’s in writing is important, unfair though it may be, everything else is just hearsay.

In your shoes I’d seek to build bridges with the agency, so they’re confident in using you again should need them in the future. They may know your ex- employer is a dick from previous dealings and/or they may value him as a client over and above any loyalty to you.