Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Is this agency based in the UK?
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
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?
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
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
thank you for your answers ! Sorry for my writing
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.
Has this clarified your position?
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...
It's not a problem at all, hope they finally pay you but if not then you know what steps to take next...
Ok thank you very much!
You are most welcome, all the best