agency not paying

acotone

hi, was employed by an UK agency for job in dublin as a it contracter with a daily rate from last week of november till end of january. Up until now i have been paid only for the last week of november, they made several promises but still haven't paid the december and january wages, i have a signed contract with them .
question is how to handle this as i am at my wits end and received emails from them that threaten not to pay me at all if i don't stop chasing them. it is 2 month salary and i don't know if gettin a sollicitor involved is worth d money, they also mailed me that i was no good at the job which really upset me and isn't truthful.

Solair

Is your contract in Ireland or England/Wales or in Scotland?

I'd say you might need to get legal advice. Two months wages is rather a lot to not pay.

Also, they're placing you in a position where you're going to have difficulty even signing on as they're not laying you off properly.

They can't realistically expect not to be chased!

Can't really advise, other than be polite/professional in all communications and do everything by email or in writing. I wouldn't have any meetings unless they're witnessed or recorded. This sounds like it could get messy.

Keep records of all communication including emails, calls, texts etc etc

acotone

hi, thanks for your reply
contract is in ireland , thing is that legal advice is expensive and if it comes to legal proceedings i don't know if i can for example claim for defamation of character of which i have proof, also the threat of not going to pay me was in an email sent by them.

Solair

Someone else will have to chime on on the thread with more info about employment rights agencies but, in the meantime just detail, record and catalog absolutely all communication with them.

What's even worse about this situation is they're going to cause you a lot of grief if you need to sign on as they've basically stopped paying you without issuing a P45.

You could also join a trade union ... (Just a thought). Even if the company refuses to recognise them, you would get solid advise!

tatli_lokma

I would advise contacting Workplace Relations (Formally known as NERA) and/or citizens information. This is a free service, so before paying a solicitor you may be lucky with advice they give you.

Off the top of my head, if the company is registered in Ireland to conduct business, then you should be covered by the payment of wages act. You need to get onto NERA as soon as possible as there is a time limit as to how long you have to make a claim. I think you would probably be able to claim under this act, but check with NERA. If they agree that you have a legitimate right to claim then get it sorted quickly. Once you have filled in a claim form, I would also email them and quite frankly, tell them that you will be making the claim, that it is ready to be posted and you are giving them one final chance to put things right. Give them 5 working days to issue payment. Send this letter by registered post AND email. That way you can prove they got it. If after 5 working days you have had no contact from them, send off your claim. Make sure you include all the emails you have with the claim - particularly the one threatening not to pay you.

Sorry for your troubles OP, they sound like a right shower of b*stards

Solair

Send the letter by registered post, keep a copy of it and note on the subject line "By Recorded Delivery - Copy on File" (just in case they forget).

When the item is delivered, go to An Post or Royal Mail's track and trace page and request the "POD" (proof of delivery). That will give you the time, date and signature of whoever received it. They'll usually send this to you as a PDF within a few mins of making the request on the website.

If it's being posted ot the UK once a few days have passed put the An Post item number in here www.royalmail.com/track-trace

If it's in Ireland use : http://track.anpost.ie/

The same barcode will work on both systems, but you have to use the destination country's Post Office's website to check for delivery info as it doesn't seem to be interconnected and pass through.

If you're emailing / writing to them, just keep everything very concise and business-like:

• Simple statements.
• Short sentences and
• bullet point all of your points.

If you've received an email threatening dismissal if you chase payment of your wages, I would suggest you print a copy of it (including all header information) and keep that on file too.

The header information just makes it irrefutable in case you do have to go to court as it ties it to particular IP addresses, times and dates.

In a these kinds of situations, it's often best to take the calm approach and give them enough rope...

Just keep EVERY document / email / etc etc.

RainyDay

I don't think Nera or a trade union will be able to help contractors

tatli_lokma

How I read OP's post is that the company he worked for is a contracter - i.e got a contract for work in Dublin. He was employed by them.

Hoop66

The agency will be covered under UK law. When you sitned the cotract did you sign a waiver to the "conduct of employment agencies act" - not sure if that's the exact wording, but a lot of UK agencies will ask you to sign it.

What reason are they giving you for not paying?

Edited to add: It is the "Conduct of Employment Agencies Act 2003" - if you opt out it allows them to not pay you if there's no signed timesheet or if the clinet goes bust etc.

RainyDay

Little Ted wrote: »

How I read OP's post is that the company he worked for is a contracter - i.e got a contract for work in Dublin. He was employed by them.

I've never heard of an employee on a 'daily rate'. Employees get a gross salary. Contractors get a daily rate.

Mrs OBumble

Moved to Entrepreneurship and Business Management, on the basis that the OP is a daily-rate contractor.

Mods there - feel free to move it back if it emerges that s/he was actually an employee.

RATM

acotone wrote: »

hi, thanks for your reply
contract is in ireland , thing is that legal advice is expensive and if it comes to legal proceedings i don't know if i can for example claim for defamation of character of which i have proof, also the threat of not going to pay me was in an email sent by them.

Thats nice to have that in an email because it essentially admits the debt but talks of not paying it. Any judge worth his salt would throw the book at them upon reading that email.

The only other excuse they have in a legal dispute is to claim you didn't do the work right. If you have any emails that show the work was done perfectly to their satisfaction then make sure to keep them safe.

I think you have a pretty straight forward legal case here but I also think you need legal advise as there is no doubt more details here than what we know.

Peterdalkey

firstly, was the end client based in Dublin/Ireland, if so, you could approach them with your tale of woe. You could also threaten the agency that you intend to take this action.

if you have tp go legal, you need to do so in the uk rather than Ireland. They have a much faster and easier access court system. you can even do it online and you do not need a solicitor see https://www.gov.uk/make-money-claim-online has all the details.

Hope this helps

Peter

acotone

thanks for all your replies and info, have engaged accountant who contacted one of their directors ,also contacted end client , will keep this thread updated