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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61703
Experience:  Qualified Solicitor
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I started with my current company nearly 7 years ago. I was

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I started with my current company nearly 7 years ago. I was taken on through an agency agreement which was basically for a probationary period and which should have turned into being "employed" . The rate that i started on was slightly less than the going rate at the time but that it would of altered if they had taken me on . The situation has never altered and i am still being paid through the agency at the same rate that I started, despite me writing a letter of request to review my rate on the anniversary of when I started. to which I have never had a response other than a verbal" we will look at at".. Could they argue that I accepted the manner in which I am being paid and that I am complicit in this method for getting paid ?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: There is no specific Manager or HR as this is a small family run construction company
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I send my time sheet to the agency each week , who forward it to an umbrella company through whom I get paid. So technically I am an employee of the umbrella company . as they do PAYE for my payment
JA: Anything else you want the Lawyer to know before I connect you?
Customer: There are some minor things such as where i have work ed extra hours , and have not been paid for them and the fact that if i have to travel a long distance such as to Newcastle I have to deduct one hour off each way as being expected to this element anyway. Occasionaly he will dock 1/2 hour off the time sheet for no reason . I do work more hours than I book in order to keep up with the workload . I start at 71m but he won't pay me until an 8am start ...........just niggling things that i have to accept

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What do you specifically want to know about this please? Please note I am mobile today so may not be able to reply until later today thanks

Customer: replied 7 days ago.
The fact they they never turned me from "agency paid" to "employed" , have they broken any employment law . Also because i have been there for so long have a set a precedent in that it can inferred that i have been in agreement with the way i have been paid . The fact that my annual letters for a pay review have never been responded to , should the company director have done something other than say "i'll look ito it " and then do nothing
Customer: replied 7 days ago.
Sorry , can't afford to call. am just trying to find out if company has been unreasonable or whether they have broken any employment law by not doing what a standard agency agreement should do i . e you start through them and then the company pays a fee to the agency and you become one of their full time staff which obviously has not happened here

Thank you. To be honest, after 7 years of being on these terms and not officially challenging them (such as refusing to work under them or making a court claim), it is most likely they would have become the contractually binding terms anyway. Maybe if you let it continue for a few weeks or months after it should have changed and then officially challenged them, you may have had a case, but letting it go on for 7 years would make it very, very difficult for you to legally challenge it now. There is of course nothing stopping you from raising this with the employer internally but hey could reject your complaint and in that case your only option is to try and make a legal claim but as mentioned that will be a difficult one to pursue and win.

 

I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?

 

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