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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49850
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good evening, Are you able to assist with a question on recruitment

Customer Question

Good evening, Are you able to assist with a question on recruitment firm underpayment from a temporary contractor?
many thanks
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Can you please explain your situation in a bit more detail?
Customer: replied 2 years ago.
I was placed by a recruitment company for a temporary 3 month position within an advertising firm. I signed the T&C's and stated to the recruitment consultant that my rate was 150.00 per day. This was verbally agreed by the agency consultant and I was given a start date. Once working I was unfortunately going through a separation from my wife and two children after 16 years which meant I was busy signing over property and looking at access rights for my children whilst sleeping on floors where I could until I could remove a tenant from my rental flat.
After 3 weeks I submitted a timesheet and was paid. amongst all the stress I did not check my payslips and worked another 2 weeks before submitting another timesheet. At this point after checking my own bank account I found the rate to be low and contacted the consultant whom said she investigate and revert.
I was not contacted and a barrage of calls from myself to her as the weeks went on and myself being paid lower amounts occurred.
I then escalated the matter to the head of payments whom explained I "May be on a day rate" but would have to investigate further. I have also been in contact with the managing director of the recruitment firm whom admits I have been underpaid and has invoiced the firm I was working for a shortfall amount which they have paid. The recruitment firm are now holding onto my funds and not paying me. Approximately it works out as the recruitment company were billing me out at 165 per day now assuming the 20% markup they charge is taken into consideration it leaves 137.50.My actual funds received per day was 88.00 only.Where do I stand in claiming this money back from the recruitment firm especially as my final day of employment is this Friday
Customer: replied 2 years ago.
I have missed out some emails etc so could talk by phone if the above rather confusing.
Expert:  Ben Jones replied 2 years ago.
It's ok thanks I understand your position. So you have the written confirmation that your rate was £150 per day?
Customer: replied 2 years ago.
That was my request on accepting the position. However after the recruitment firm going through there paperwork at my request they were able to see that no documentation was ever sent to me regarding my rate. This was reviewed by the managing director himself
Customer: replied 2 years ago.
The only documentation that the recruitment firm have is what was billed to the agency.
Expert:  Ben Jones replied 2 years ago.
The key here is what was agreed at the outset and what rate you were offered and took the job as a result of. It is not a legal requirement for the rate to have been included in a written document to be binding, although it helps. A verbal agreement can be just as legally binding as a written one as long as it was the intention of the parties to be bound by it. So if a specific rate was proposed at the outset, you accepted it and started working on the contract based on it, then you certainly have a case to bring against the other side to honour the rate which you were under the impression you were working at. Regardless of whether your last day is approaching or not, you can take steps to take this further. You could do this internally at first, use whatever complaints procedure they may have in place. If that does not work, you also have the right to consider going to the county court over this. Obviously it is a last resort but certainly something which you could pursue and entirely within your rights to do. This is your basic legal position. I have more detailed advice for you in terms of the exact steps you need to follow to take things to the more formal stage of legal proceedings, 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, leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 2 years ago.
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