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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I worked sub contract fitout company through an employment

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I worked for a sub contract fitout company through an employment agency from December to the beginning of February. Whilst working for them I was asked to do overtime at home. The sub contractor was unhappy at the time the draughting work was taking, so terminated the contract. 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 get it all redrawn. I know this to be untrue, the drawings I produced were issued for construction the following week, and construction work began on the installation.
I feel this is defamation of my character, which can damage my employment prospects, plus I am �4700 out of pocket in lost wages.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. In what way do you believe this will damage your employment prospects?
Customer: replied 1 year ago.
Rates for Revit modelers / MEP Coordinators reflect the ability of the individual. The agency I was with specialise in highly paid roles for which I should be a likely candidate, namely BIM based MEP coordination roles. Up till now, I have been working on prestigious projects for blue chip clients, I am currently doing an MSc in BIM, graduating his year, so, prospects ought to be good.With the kind of reputation the sub contractor is branding me with, namely that I am so awful that considerable cost has been entailed to put right the work I did, this could affect my chances of getting a top job.
Expert:  Jenny replied 1 year ago.
so are you saying that this is what they have told the agent?
Customer: replied 1 year ago.
Yes. They said they had to employ a new contractor to rework all the drawings.
Expert:  Jenny replied 1 year ago.
Did you have a written contract with the Agency or End user that said that the standard of work was a condition of being paid?
Customer: replied 1 year ago.
No. In any event the work was prescriptive ESG told me exactly what to draw and how to draw it.
Customer: replied 1 year ago.
But I don't want to muddy the waters. Even if I was dreadful, they could have sacked me on day 1, not made me work over 100 hours then not pay for it.
Customer: replied 1 year ago.
This is the contract
Expert:  Jenny replied 1 year ago.
The issue with regards ***** ***** money is straightforward. It amounts to an unlawful deduction from wages. If you were being paid by the agency you can send them a letter before action and say if you are not paid you will bring a claim at the employment tribunal, if you were paid directly by the end user then you can do the same. You need then to engage ACAS early conciliation and raise a claim. They cannot withhold your wages in this way unless there is a contractual right. If they have said something which is factually incorrect which could cause you to suffer a loss then you can bring a claim in negligent misstatement to recover your loss. It is not defamation as the statement is not publically made. It may be worth instructing a solicitor to assist with this as it is not an easy claim to bring. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer . Thank you and all the best.
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