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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48167
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi I m Romanian citizen and I had a contract with this agency

Resolved Question:

Hi I m Romanian citizen and I had a contract with this agency "my skilled team". That contract was starting at 16 June 2013 till next month. In my contract is not recording haw much they must to stopped me every month ( they take 200£ every month) and from the last month they didn't pay me! I barrow the money last mont from that manager where I work but this month.. really I don't know what I could do! They keep tell me lies: they make it a mistake and they put the money into a wrong account, or was a problem with their system. Could you advice me what I could do? Please!
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Is this agency based in the UK?

Customer: Yes it is somewhere in London :206 turners hill road en89ne but I work in Manchester . They don't answer to my phone they just text me the same lies from 2 months now . Really I don't know what I could do because I don't speak very well English but must important I don't know the rules . Because of that they playing around they don't care tomorrow I must to pay my rent or because I was charged by the bank or I must support my children! Is not fair
Ben Jones :

OK thank you, XXXXX XXXXX it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you

Customer: I thank you ! If you need I could send my contract or anything you think is helpfull . Any way I work in this afternoon but I will waiting disperetly your answer . Thank you again
Ben Jones :

Hi, thanks for your patience and hope you had a good day at work. What your agency employer are doing would either amount to an unlawful deduction of pay, or a breach of contract. These are similar, yet different claims that you could make and which one you make would depend on your employment status. You work for an agency but you could actually be their employee and be directly employed by them and have a contract of employment by them. If that is the case and the contract does not allow you them to make these deductions then you can claim for unlawful deduction from your pay.


 


If you are not an employee, but for example work on a self employed basis you could claim for breach of contract.


 


The first claim is made in the Employment Tribunal and the second claim is made in the county court. But do not just rush with taking legal action – you need to try and resolve this directly with the employer, such as by writing to them and telling them exactly why you are unhappy, what you would like them to do about it and also what you will do if this is not resolved.


 


You do not need any complicated language – it can be very simple letter that just summarised the above, gives them a timeline within which to comply and tell them that if they fail to give you the money they owe you that you will have no other option but to take the matter further and start legal proceedings to recover what you are legally due.


 


Hope this clarifies your position?

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer:

I make it already all this steps last month and this month. Them answers was only lies: "we put the money in the wrong account( like this month),was bank Holliday , them been in Holliday etc so we will try next Friday and next Friday ... " when I ask them what I will do with my charges from the bank they tell me ok the bank will refund . But I can't understand haw if is not any money in my account from them!! Anyway in my contract said I m self employed or I should be because this status doesn't match with me, that means I don't have any rights?! This is one of the answer what them give it to me

Customer:

thank you for your answers ! Sorry for my writing

Ben Jones :

you do have rights - whether you are self employed, agency worker or an employee - you are always protected against not being paid by your employer so if you have tried all I have suggested and they still refuse to pay you then you are only left with the option of making a claim against them to pursue that money.

Ben Jones :

Has this clarified your position?

Customer:

The lastt answer of them was 'i will have your money friday' that means tomorow I'm afraid for tomorrow because they said like that and the last month ! thank you very much for your answers. I hope I didn't give u to many trouble with my problems and my English ! I will see what happens tomorrow after that...

Ben Jones :

It's not a problem at all, hope they finally pay you but if not then you know what steps to take next...

Customer:

Ok thank you very much!

Ben Jones :

You are most welcome, all the best

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