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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47905
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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To expand on my previous question, as I stated I worked for

Customer Question

To expand on my previous question, as I stated I worked for a sub contract fitout company as a CAD draughtsman, producing a 3D model of building services for a Building services contractor in London through my own limited
company, which was contracted through an employment agency, from December to the beginning of February.Whilst working for the building services company (ESG Ltd), all seemed to be going well, although the project was taking longer to complete than they had programmed. in reality, their programme was not realistic, ESG Ltd admitted as much, telling me that they had had to guess how long the work would take, but now they were being held to the contract by their client, the main contractor. I have worked on similar projects, and the programming would generally take several weeks longer than ESG had allowed, given the number of staff they were employing. in my experience, the programme would require double the resources ESG had allowed, to meet their deadlines.ESG sacked one of my co-workers, on the basis that he was in poor health. in fact he had been attacked, and suffered a head wound, and needed time off to attend hospital appointments. The sacking of the employee meant that the programme was even further behind. We were all asked if anyone would volunteer to do overtime. I volunteered and was asked to do overtime at home. I did the overtime on two aspects of the job, 20 hours over a weekend covering he work that the employee they sacked had been doing, plus several evenings pushing forward the area I was working on myself. ESG were unhappy with the result of the work I did over the weekend, as it was unfinished. In reality, doing 20 hours over a weekend will only accomplish so much. The client was expecting to see a drawing that was 80 hours into the programmme, so clearly there was bound to be a difference. ESG Ltd was also unhappy at the time the draughting work was taking. They semed to panic,and allocated an engineer to supervise my work on a continual basis, sitting at my desk, until the work was finished. As soon as the work was finished, they terminated the contract and told me they were not going to pay my overtime as they had not budgeted for it. At the time, had they signed the timesheets, I should have received £4700.00The management of ESG claimed that they were going to forward signed amended timesheets to my agency for the time I was physically on site. I had no choice but to leave site with two timesheets unsigned, which ESG refused to hand over to me. They never did sign the timesheets. When my agency tried to reason with them, they refused to pay any money at all for the last two weeks I worked, telling my agency that the work was of such poor quality that they had to employ someone to get it all redrawn. This would mean hiring a fifth member of the team, as up till that point the drawing team had constituted four draughtsmen, including myself. I know this to be untrue. No fifth member of staff was hired, and the drawings I produced were issued for construction the following week, and construction work began on the installation the very next working day, using my coordinated drawings.On the advice taken from my previous question, I contacted the agency, who agreed to pay me one weeks severance pay - £1600. My question is, do I have any redress against ESG limited? Does any contract exist between myself and ESG that they will sign my timesheet if I carry out the work? Given that ESG asked me to do overtime, would this constitute a contract, or is my only contract with the agency? Can I take them to court to force them to sign the timesheet, al least for the time I was recorded as being at work on site?. All time spent on site was recorded electronically at the entrance to the site. Is it legal for an employer to refuse to sign a timesheet if the hours have been worked? What can I do to get the money that is owed to me, and how much is it likely to cost?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. So to clarify, you are owed £4700 and they have agreed to pay £1600 so you have some £100 outstanding?
Customer: replied 1 year ago.
No.
The agency I worked for is called Energi. The sub contract me to ESG, who would sign my timesheet for the hours worked.
ESG refused to sign my timesheet, so I never got paid. Energi paid me severance pay of £1600. I'm not sure what severance pay is. I would like ESG to sign the timesheet for the hours I worked. As it is, I am £3100 out of pocket.
Expert:  Ben Jones replied 1 year ago.
Were you required to opt out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003?
Customer: replied 1 year ago.
No, I didn't opt out.
Expert:  Ben Jones replied 1 year ago.
If you have not opted out of these Regulations the agency is obliged to pay for work done whether they have been paid by the client or the client has not signed a time sheet. Your contract would still be with the agency and they are the ones you need to pursue. In terms of taking the matter further you have two options: 1. Employment Tribunal - the time limit to claim is only 3 months from the date the payment became due. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: ***** ***** for a tribunal claim are £160 claim fee plus £230 hearing fee. Costs in the courts are £185 claim fee plus £335 hearing fee. So if you are still within time it would be best to use the tribunal for this. This is your basic legal position. I have more detailed advice for you in terms of another advantage you have in going down the tribunal route which could prompt them to pay you, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
I'm really keener to go after ESG. The agency is a good one, and likely to find well paid work in the future. ESG my have never intended to pay me, in which case I have been conned. In any event, I agreed not to pursue things further with the agency, in return for the £1600.
My issue is whether any contract existed between myself or my company and ESG, in as much as if I show up for work they are obliged to sign my timesheet, or whether they can simply refuse to sign a time sheet, on the premise that they are not happy with the work, as they have done, and save themselves a bit of cash.
Is is ESG I feel have wronged me, not the agency.
Expert:  Ben Jones replied 1 year ago.
Thank you. It appears that your contract is with the agency which then subcontracted your services out to the end user. So they would have their own contract between them but your contract is with the agency. So whether it is ESG who wronged you or not, your rights are still against the agency. If you go after the agency then they could potentially go after the end user themselves under their own contract Assuming you are still within time to make a claim through the tribunals, a new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.
Customer: replied 1 year ago.
The response I got was very thorough and helpful. I would recommend Ben. I wanted to upgrade the rating to 5 stars but the website does not permit this.
Expert:  Ben Jones replied 1 year ago.
Thank you, ***** ***** worry about upgrading the rating, a positive rating is sufficient, all the best