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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.
Please do copy the question in to this chat and I will take a look. Many thanks
Thank you. What are you ideally hoping for in the circumstances?
Thank you. 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.
Thank you. Can I check of there is anything anywhere which says they can deduct any such damages from your pay?
Thanks for that. As it is an unprecedented time with the volume of questions I won’t have time to look at the contract at this time unfortunately. You are more than welcome to have a look yourself to see if you can find anything on that point and let me know if you can then at least I can look at it without much of a delay as I would know where in the contract it is. Thanks for your understanding
Many thanks for your patience and for the clauses. So whilst here are clauses which could potentially allow the deduction for damages, it does not men they can just make the deductions and not be held accountable in the event you dispute them. In other words, if you dispute these charges, you have the right to be provided with the relevant evidence on which they have based their decision.
However, despite this, they can still refuse to do so and you cannot force them to. If that was to happen, then you have to consider how confident you are that you had not caused the damage. In that case it may be worth making a claim in the Small Claims Court and they would then have a legal duty to disclose whatever evidence they have.
In terms of who you claim against, it would depend on who your contract was with. If your contract was always with the agency only and they are the ones who pay you directly (after receiving the money from their client), then it is the agency you would be claiming against.
Does this answer your query?
Do you know if you opted out of the Agency Regulations?
Thank you. The clause only says that once a decision has been about it, it will be communicated to the company but we do not know what that decision as. The important thing about it is that if you had opted out the agency is not liable for your fees if the company does not pay them or approve your timesheets, but if you did not opt out, they would still have to pay you regardless.
In both cases you deal with the agency but the opt out determines their liability
You are most welcome