How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Employment Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Employment Law Question Here...
UKSolicitorJA is online now

I used an employment agency from Manchester to employ several

Resolved Question:

I used an employment agency from Manchester to employ several men . After 2 weeks I kept 1 on the payroll but phoned the agency and let 2 go . 2weeks later the 2men I let go phoned me to say they were self employed and had left the agency and we're looking for work . I had work for them and gave them work on a self employed basis and they received a cheque as payment and not PAYE . The agency are taken my business to court asking for a finders fee saying that I poached them and employed them. Gov.uk website says different . I believe I have done no wrong as the guys approached me and I only employed them and a self employed basis. Advice please.
Submitted: 3 years ago.
Category: Employment Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

What do your terms and conditions with the agency say about poaching?
Customer: replied 3 years ago.
I didn't poach them , they came and asked me for work on a self employ basis which I have already stated. Terms and conditions were given to me after I started these men and they include a finders fee which is what they are suing me for but only if as gov.uk say I take them on a permanent basis .
Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

In that case you should defend their claiming court on the basis that you did not poach them as claimed and you did not employ them as permanent employees.

The agency's claim is bound to be thrown out by the court, especially if you can provide statements from these people that they approached you and not vice versa and show the court evidence of their self employed status.

Hope this helps
Customer: replied 3 years ago.
Thanks, XXXXX XXXXX question on this.
The men will not be witnesses for me as they are bitter I didn't give them more work and I think it was them that pnoned the agency to claim I asked them to work .
Am I right in saying that they are on on my PAYE record books and I paid them by cheque on a self employ basis so it was 1 job they did , so the agency has no evidence .
Expert:  UKSolicitorJA replied 3 years ago.
You should simply state your side of the story, the men cannot lie to the court and if they did, it would be perjury which is a crime.

All the best
UKSolicitorJA and other Employment Law Specialists are ready to help you

Related Employment Law Questions