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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47339
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a contractor and my agent underpaid me for 2 years 4

Resolved Question:

I am a contractor and my agent underpaid me for 2 years 4 months. The error was not spotted by my agent but by a colleague who had also been underpaid. The monies owed have been paid. There is still a discrepancy which I am waiting for them to sort out.
What recompense can I get for the loss of interest and compensation.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

What did they owe you in total?

Customer: replied 10 months ago.
I calculated £3,842.65 they paid me £3657.51 there is still a difference of £185.14 which I have queried.
Expert:  Ben Jones replied 10 months ago.

OK thank you, ***** ***** it with me. I am 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.

Customer: replied 10 months ago.
thank you
Expert:  Ben Jones replied 10 months ago.

No problem at all

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. You will not be able to just ask for compensation on top of what is owed such as the £2800 you have demanded. You are of course due to be paid the amount outstanding and can potentially ask for interest on top at 8.5% but this would have to be calculated on an ongoing basis as the money became due. So let’s say 10% of the total amount initially became due 2 year ago – you can start charging interest on that part from then, not on the total. Then if the next 10% became due a few months later, you can start calculating interest on that part from the due date and so on. It is not a matter of just charging 8.5% interest on the full amount for the whole 2.5 years – it will be a staggered calculation based on when the amounts became due as interest only accrues from the date a debt becomes due.

In terms of compensation I am afraid you cannot claim that unless you have suffered these actual losses as a result of the non-payment. So you cannot penalise them for what they did, this is not how compensation works. You have to show that what you are trying to claim was something you had actually incurred as losses or damages, which I do not see how you would have.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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