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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45315
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Customer Question

I am an independent professional consultant and are currently having bad experience with my recruitment agency who introduced the contract works to me and charged his fees from the hirer/his client.For reason out of my control, the hirer gave verbal notice on a Monday, asking me to leave on the following Thursday. After i have left, the client refused to sign the 37.5 hours /week timesheets and only agreed to 4 or 5 hours a day based on the 'records' they claimed they have. But my attendance are all evidenced by email records and other colleagues.What do i need to prepare in order to proof that i have worked the hours and before i send them the 'letter before action' + claim through small claim court.Many thanks, ***** ***** will be appreciated.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Ben Jones replied 5 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 5 months ago.

How long had you been doing the work for before you were given the notice?

Customer: replied 5 months ago.
3 weeks
Expert:  Ben Jones replied 5 months ago.

OK thank you, ***** ***** it with me. I will be in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 5 months ago.

Sorry can I just check if you have opted out of The Conduct of Employment Agencies and Employment Businesses Regulations 2003? Did you sign any opt out form at all?

Customer: replied 5 months ago.
I did sign any opt out. actually, i didnt sign anything at all, but i do have a copy of T&C
Expert:  Ben Jones replied 5 months ago.

Ok thanks. If you did not opt out of the Regulations, then the agency is liable to pay you even if they have not been paid by the hirer or you have not signed a timesheet. So in the circumstances, on the assumption that you have not willingly opted out of the Regulations, it would be the agency that is legally liable to remunerate you for the work you have already carried out for the client. If they refuse, even if it is on the excuse that they gave not been paid by the client, you can pursue the agency for the money owed. This is something you ca do in the county court (it would be assigned to the small claims court if the total claim is for less than £10k).

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if they refuse to pay you what you are due, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 5 months ago.

Hello, my response should be visible on this page. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45315
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 5 months ago.

Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. 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. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

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.

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