Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are you asking us to perform the mediation on your behalf?
Yes I would like to know, what I can do with my problem with A-1 Direct Recruitment Ltd and how I can get my excess money £430 pounts of two penalties of £550 pounts. Thank you.
So are you self employed and working with them? When did you start to work for them?
This whole problem is generated by those weeks before I had requested to get paid for the rest periods, (breaks of 45 minutes, every 4.5 hours driving) like as a City Link’s driver and it is under the current law. City Link, Linda Foran and A-1 Direct Recruitment Ltd. refused to pay me for my breaks and every day I've worked with them have granted from my wages, £9.00 per day, at A-1 Direct Recruitment Ltd.
I started work for A-1 Direct Recruitment Ltd. since 30th April 2009 until now, and it has always been the same. The rest time “Breaks” is time off work and it is part of the "Duty" and under the current law requires these breaks a rest time have thus should not be deducted from wages as part of the job.
I am not self employed but I get pay through Maddison Group Ltd. in Birmingham
So what is your status, are you an agency worker or an employee of the company?
so every day I pay £9.00 from my breaks to A-1 Direct Recruitment ltd. but City Link paid full hours which I did every night (11.00 hours, from 18.00 to 05.00)
I am agency driver from 30th April 2009 with A-1 and other agencies
I would like to know what I can do in this case. I need to forget and keep going to looking for other job?
Did your contract state that such penalties can be deducted from your pay?
I need to go out home with my wife so I expend £47.00 pounds and I still have got the same problem plus £47.00
What I can do with these peolpe
They take it already from my wages £275 last week and this week other £275
On the copies of penalties it doesn't show my name. if give me a email I can sent to you
ok can you please answer my question though - Did your contract state that such penalties can be deducted from your pay?
No, they take it from my wages
ok let me just get my response ready please
I am still waiting for your response or you can send to my email, please, [email protected], thank you
So to answer your queries:
I've tried talking to Steve Marshall A-1 Direct Recruitment Ltd. but is always very aggressive and violent talk and to do what he always says. I tried to find work with other agencies but it is impossible. These are covered and protected together.
it is unfortunately not unlawful to deny you work just because you have had previous issues with another agency - it is immoral I agree, but it is not unlawful. Whilst you may have tried mediating with this person, he cannot be forced to discuss this with you to seek a resolution. It means that if mediation is impossible all you can do is consider making a claim as discussed above
What is about the £340 pound penalty I paid in excess.
Why did you pay an excess?
I did not paid they take it from my wages. The penalties do not show my name it is to City Link Ltd.
They take from my wages £275 pounds two time because the penalty is £550 x 2 £1100 if they pay before 14 days is reduced at 50% so that mean £275 pount x 2 £550 pounds
ok it may not have been your name but you were in charge of the vehicle at the time of the offence - the enforcement officers would not know who drove the vehicle at the time and they would issue the penalty against the registered owner of the vehicle, but you could still be made liable for that. The issue here though is that you said you did not have any contractual clauses saying you could have such penalties deducted from your pay, which means that the employer could be acting in breach of contract by taking the money out of your pay
I think you did not understand me. These penalties it is for the haulier £550 a time for the driver £120 a time less 50% off £275 for the Haulier and £60 pounds for the driver.
It is on the book " The Official, London Lorry Control Drivers Guide" pag. 16 " .The cost of the PCN no permit or not having an approved route is £550 for the haulier and £120 for the driver. These fines can be reduced by 50% if paid early within 14 days".
ok but regardless, the key is whether they had a contractual right to deduct this from your pay - if they did not then their actions amount to breach of contract and you can pursue them for these fees
The company , City Link Ltd., never inform me about the route
So It isn't to do anything positive to me
OK Thank you and have nice day
you too, all the best