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 Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46781
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I recently signed a contract through a Recruitment Agency for

Customer Question

I recently signed a contract through a Recruitment Agency for a role in a bank. After 4 weeks they terminated my contract stating my work was not to the quality standards they would expect.
I did not get the structured week's training all the other contractors received (only shadowing). I did not have access to a key and essential system to do the checking.
I have just checked the contract terms where it states that they 'reserve the right' to withhold the last four weeks pay if termination is due to quality. That equates to all the money due - £2900.00.
I worked extremely hard under very difficult circumstances and need to know if 'reserving a right' to withhold all your money is legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello were you working as employer, agency worker or self employed?
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. can you tell me if any specific reason was given to why they think you did not meet the required standards after four weeks. And were you given any previous warning that your work was not up to the standard
Customer: replied 1 year ago.
For Ben Jones. I have a Limited Company I work through. I had a contract with a Recruitment Process Outsourcing company. I signed a contract for the assignment.
Customer: replied 1 year ago.
For Ben Jones. I was not given any warning' whatsoever. I was told when a case I had processed failed quality for one reason or another. I was advised to concentrate on quality versus target. But I did not get a warning that I would be terminated that Friday.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible.
Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Customer: replied 1 year ago.
The process during route to competency is that you undertake work, it is checked by the quality team, they send back 'advisories' if it is a small error, or issue a fail if it could have an impact. None of my fails had any detrimental - ie. did not involve financial loss to the customer or the bank I only got 10 passes out of 15 in the two weeks I did my competency route.
Customer: replied 1 year ago.
For Ben Jones. Are you still there?
Customer: replied 1 year ago.
For Ben Jones. The process during route to competency is that you undertake work, it is checked by the quality team, they send back 'advisories' if it is a small error, or issue a fail if it could have an impact. None of my fails had any detrimental - ie. did not involve financial loss to the customer or the bank I only got 10 passes out of 15 in the two weeks I did my competency route.
Expert:  Ben Jones replied 1 year ago.
Thank you I have all the information required and I will go over it and look up the relevant rules and regulations and ok respond later today
Customer: replied 1 year ago.
Thank you.
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. As you are not an employee, rather you work on a self employed basis, you will not the general protection against unlawful deduction of wages or the right to get paid the National Minimum Wage. So the employer would not be legally obliged to pay you for the time you worked there because that would fall under National Minimum age protection which does not apply here. Your right are of a purely contractual nature, which means that the payment terms will be governed by your contract. If there is a clause which says that they reserve the right to withhold payment, then they may try and do so. It would not mean it I lawful to do so and there may be other factors which would determine the legality and fairness of such a clause. For example, if they have not followed the parts of the contract or workplace policies which would have affected your performance positively or avoided what they used to rely on to end the contract, then that could make their actions unfair. If these steps were a contractual requirement and they did not follow it, that would allow you to try and claim that whole contract is void and that would also include the clause allowing them to withhold the money. In effect you are accusing them of breach of contract which would make the whole contract void and take away their right to rely on the clause to withhold your pay. If they do that they will then be acting f a further breach of contract or be doing something which they did not have the contractual right to do. This is your basic legal position. I have more detailed advice for you in terms if the steps you need to follow to try and recover this money, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46781
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your rating. If you wanted to pursue the money, you can do this in the small claims court, as long as you keep the value below £3,000.
You can read detailed guidance on how to make the claim here:
http://www.scotcourts.gov.uk/docs/default-source/rules-and-practice/guidance-notes/gn---small-claims/02-taking-a-claim-to-court---cases-raised-on-or-after-1-december-2009.doc?sfvrsn=22
As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated by following the guidance above.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 1 year ago.
For Ben Jones.
Thank you for your advice. Payment is not due until 18th December, so I'll have to wait until then to see what happens.
Expert:  Ben Jones replied 1 year ago.
ok no problem, at least you know what steps to follow should the need to claim arise.
Customer: replied 1 year ago.
Well, I have the answer. They have emailed me today stating that they are retaining all of the money I worked for. I am shocked they can legally withhold £2900 + VAT from a contractor who worked hard and did their best."Notice was served on 23rd November 2015 and your final day of service was the 23rd November 2015. I can confirm that the reason for ending this agreement is down to you not achieving the required standards for this project. In accordance with clause 8.11 and 8.12 of your contract, retention of 100% of your invoice for the last 20 working days will apply."
Customer: replied 1 year ago.
For Ben Jones.Well, I have the answer. They have emailed me today stating that they are retaining all of the money I worked for. I am shocked they can legally withhold £2900 + VAT from a contractor who worked hard and did their best."Notice was served on 23rd November 2015 and your final day of service was the 23rd November 2015. I can confirm that the reason for ending this agreement is down to you not achieving the required standards for this project. In accordance with clause 8.11 and 8.12 of your contract, retention of 100% of your invoice for the last 20 working days will apply."
Expert:  Ben Jones replied 1 year ago.
ok that's unfortunate news but it allows you to take the first steps discussed above and make it clear that you will take it to court if necessary. Hopefully sending the letters and even making the claim will prompt them to reconsider their position

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    672
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    24
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions