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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45364
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was working in a hospital and ceased my employment on dec

Customer Question

I was working in a hospital and ceased my employment on dec 17th 2015. They asked me to do some extra shifts which I did, through a locum agency. They had sent me some paperwork to fill out which I had overlooked. I did the shifts and have evidence of that.
They are now refusing to pay me unless I fill in the paperwork. The problem is the paperwork involves a pension form, HMRC form and a contract and stipulates that I am starting work with them today. I do not want to jeopardise my current employment, or sign a contract, five months after the shifts. I feel this is fraudulent. They won't pay me unless I sign these forms. please help
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 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 8 months ago.
Please can you confirm if the agency are refusing to pay you or the hospital at which you were employed?
Customer: replied 8 months ago.
I think it's the hospital - both are pressurising me to fill in the forms. The agency says the hospital won't pay as they need these forms. But I think I should be getting paid by the agency.
Expert:  Ben Jones replied 8 months ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 8 months ago.
Many thanks for your patience. It is not fraudulent to sign a form five months after it was due to be signed, as long as it is clear that this is just done to cover the failure to do so at the time. You cannot be asked to sign a contract which states that your employment with them starts today but you can correct the start date with that of the actual date you started working for them and also when you sign it state that the reason it is being signed now is because it was not signed at the time. But none of this would be fraudulent. So you may wish to consider whether to sign the form with these notes just to make life easier for you and ensure that you get paid without the need for further action. If they still refuse to pay you, even if you refuse to sign the form, then you can still pursue them for the money owed because you did work these shifts and as such should still be paid for them, whether a signed contract was in place or not. Under law an implied contract for work would exist in any event. The issue there is that if they do not want to pay then you will have to take them to court and it all becomes a bit messy, you will have to pay court fees, etc. So I suggest you sign the form as mentioned above, but if you are reluctant to do so you may then consider taking formal steps to pursue what you are due. This is your basic legal position. I have more detailed advice for you in terms of the steps you should follow if you decide to take the matter down the legal route, 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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45364
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Sorry I don't think I was clear about the situation - I am not worried about the contract per se. The problem is the document informing the HMRC that I am starting employment with this hospital now, and their own in house paperwork which stipulates the same thing. I can't change the wording or add dates.Secondly - who is responsible for paying me? the Locum agency or the hospital. I assume I would have to specify, in order to take my claim to court.Many thanks for your help
Customer: replied 8 months ago.
Having spoken to the HMRC they confirmed that filling in a form like that would be wrong.
Expert:  Ben Jones replied 8 months ago.
Thank you. You certainly should not have to sign anything which is not a factual representation of the situation - you are obviously not starting work for them now so to be asked to sign anything to that effect would indeed be wrong, so unless they go ahead and change the details to reflect this, you should not have to sign it. However, that does not stop them from refusing to pay you as a result. So you may still have to take this further in the event of this happening. The party which you need to pursue is the party with which you had a contractual relationship, which in this case will most likely be the agency - they employed you, they are the ones you were contracted with and as such they will have the responsibility for payment. 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.
Customer: replied 8 months ago.
That's brilliant! Thank you
Expert:  Ben Jones replied 8 months ago.
You are welcome, all the best

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