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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 71331
Experience:  Qualified Employment Solicitor
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My friend works for an agency that has been procured by

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my friend works for an agency that has been procured by Calmac since 2nd March this year and they have done so much underhand things with their employees as they are on 0 hours contracts, but it has now come to a head whereby they have not paid him for the hours that he has worked and also with holidays they are now saying they will only pay a percentage and they work on a 6 week assessment as to the percentage of holiday they will pay. Is this legal or illegal, also they do not send payslips through either the day before or the day of payment in fact he is still awaiting a payslip from friday of last week when he was paid
JA: Has your friend discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: He has discussed this with the firm that he works for, he only has 3 payslips that have been sent to him which is July August September and he has now received October but only just
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: No all the employees were working there prior to this firm taking over they were working for another agency who lost the contract prior to this one taking over on 2nd March this year
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, are they allowed to only give a percentage of holiday pay or do they have to pay holiday for the hours that they have worked, also if they are taking over from another agency, are they allowed to reduce the wages, because they did this from the word go and as all the employees have to work weekends and bank holidays, with the other agency they were getting paid more for those times and then they reduced it to £9 per hour for whatever you worked whether it was weekend work, bank holiday work or normal working hours

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there. I am sorry to learn of the situation your friend is in. How long has he been working via the agency for and did he receive a new contract when the agency was procured?

Customer: replied 12 days ago.
No he has never received or signed a contract with this agency, with the previous agency he did

OK thank you and how long has he been working via the agency for, all in all?

Customer: replied 12 days ago.
He has been working for them since they took over from previous agency on 2nd March 2020
Customer: replied 12 days ago.
But he has been working at Calmac as a cleaner working for the previous agency and this one for over 2 years

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues he has experienced in his situation.

He obviously has a right to be paid for any hours which he has actually worked and failure to do so will amount to an unlawful deduction of wages by the employer.

Holiday pay is now calculated on the basis of the average pay over the previous 52 weeks, or if the worker has not been there for that long – as far as their first day of working for that employer.

Payslips are a fundamental right under Section 8 of the Employment Rights Act 1996 and must be issued at or before each time a worker gets paid.

Any issues with unpaid hours or wrong holiday pay can be taken up through a grievance, directly with the employer first, before considering whether to make a claim for what is owed through the Employment Tribunal.

Before a claim can be made against the employer in the Employment Tribunal, the affected employee would be required to participate in a process known as ‘early conciliation’, which is administered through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the employee and their employer to agree on an out-of-court settlement in order to avoid the need for legal action in the Employment Tribunal. The employer does not have to engage in these discussions and the process is voluntary for them. If they refuse to participate, or the conciliation is unsuccessful, the employee will be issued with a certificate by ACAS allowing them to make a claim.

However, if a settlement is reached, the employee would officially agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be included as part of the settlement, such as an agreed reference.

In order to initiate the early conciliation procedure, ACAS must be contacted, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-#### They will explain the process and what happens next and get the ball rolling on your behalf.

If the early conciliation process was not successful, ACAS have issued a certificate to confirm that and you still wanted to make a formal claim in the Employment Tribunal, the claim can be initiated via the following link:

https://www.employmenttribunals.service.gov.uk/apply

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

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