Remedy Statement

[SMcCann]

Hi

any help appreciated on remedy statement as deadline will be coming up

i have had a claim accepted for non payment of wages this goes back to Early this year however upon doing an audit I have identified there has been 3 other occasions this has happened the amount owed is substantial

it is is the most recent that has had the most detrimental impact as the first I became aware of nonpayment was when direct debit last failed this has spiralled downwards rapidly and had a serious impact on my credit rating that I was starting to rebuild

I have mitigated-a lot but because certain things were cancelled I have now lost the ability to pay by direct debit and need to find substantial amounts upfront one bring insurance for car which I need to work

I have ended up on benefits and am stuck in a cycle and can’t get back to work as a contractor and have been signed off by GP due to the depression and anxiety this situation has caused me I’m so fed up

i raised a formal grievance with end client who helped by paying some money albeit 12 weeks

i further raised a complaint with my employment agency but they have done nothing to put the situation right nothing at all even with support of ACAS

am I right in thinking there is a breach of Acas codes? Due to the fact they don’t appear to have taken my grievance seriously this could be unlawful detriment

I’m getting a bit lost and the situation causes me a lot of stress and I’m not in a financial position to instruct


The hearing is listed pretty soon do i do I also include witness statements now?

Thanks in advance any support greatly appreciated

[ULA]

In preparing for the remedy hearing you need to get together all of the paperwork about your loss of earnings. You should already have this information from the main hearing, you should update it with any of the following:

* Wage slips
* Job applications
* Supporting emails or letters regarding applications
* Benefits recevied

You would have prepared a Schedule of Loss, which is the document that you prepared setting out the amount that you were claiming for the main hearing but this should be update as well.

Depending upon your circumstances and the reason for your claim you may also want/need to prepare a witness statement that deals purely with the remedy you are claiming. For example, if the employer has indicated that they intend to argue that you have failed to try your hardest to look for a job, you may want to prepare a witness statement setting out what you have done and referring to the evidence you have, such as job applications etc.

It is usual for the employer to provide a counter schedule of loss setting out what they believe your claim is worth and outlining any points they dispute. From this you will have a good idea about what information you need to put in your witness statement.

I am a bit confused who is your ET claim against? Are you still employed by the company your claim is against?
Where does the grievance with the "end client" fit into the ET claim?

[SMcCann]

Oh my apologies you see I am lost


no hearings as yet I am at the schedule of loss stage that needs to be in 4 weeks after date of letter of acceptance of claim it seems to be a standard case management order.

I suppose I’m a bit worried putting to much detail in posts but I’m an agency worker but am still covered under Employment Act etc I left my last contract and was ready to have interviews etc for my next contract however in-between all direct debits started to fail due to illegal deduction of wages hence no longer have access to car which I 100% need for the work.

I have no partner or wider family to turn to and basically friends have been helping out with basics and I have ended up on universal credit and really down.

I feel stuck on a merry go round I can’t get off, I want to work but can’t get to interviews lack of money as usually I commute , I can’t accept jobs as no car insurance then I get more down.

I feel I provided all information to resolve the situation but the agency have done nothing to reimburse me despite it being my contract I would be paid even if no authorised timesheets I have all wage slips emails of when I put hours through and expenses etc that I will put with schedule of loss
hope ive been a bit more concise and it helps Thankyou

[ULA]

Can you help me understand why as an agency worker you are covered under the Employment Act. Agency staff are typically covered under the Agency Workers Regulations 2010? What type of contract did you have with the agency i.e. were you put on a pay between assignments contract?

Thanks for the clarification that you have not had a hearing yet but are just being asked to complete your Schedule of Loss.

Have you seen the ET3 and points that the respondents are making to defend the claim?

What is your actual claim for, if I know that then I can help by telling you what you need to think about including in the Schedule of Loss.

[SMcCann]

Hi

Thankyou I may be getting mixed up with terminology yes I am covered by AWR but in line with ACAS guidance for agency workers I have the same legal rights in respect of pay as a permanent worker, my claim is for an illegal deduction in wages.

Because of the work I do I am not classed as self employed due to ir35 tax rules I do not pay myself through a ltd company.

i am claiming back the money outstanding but I feel the agencies actions have had a detrimental impact upon my financial situation. Had they dealt with it as they should which my contract states to expect a reasonable delay while hours worked investigated then I would have moved on to a different contract albeit with a new agency straight away and can evidence I had interviews lined up.

However they have not not dealt with it at all this happened in Feb they were fully aware but made no offer to reimburse or investigate in fact I was met with silence. I officially complained 5 weeks after identifying money owed and they then asked for info for investigation I also requested ACAS support at this point( I had taken initial advice from Acas)

Despite providing everything required they have still done nothing and not paid me what they owe, and due to me being wary of their actions I carried out an audit of pay and have discovered they have not paid me on 3 other occasions despite me putting in my work hours and expenses in good time and they have totally ignored any request for this .The amount owed is over £5000.

At the most recent point of not being paid I had no financial back up and it’s landed me in the red, failed bills cancellation of policies, credit rating impact.I couldn’t afford to get to interviews, loss use of car and believe the agencies failure to act in line with Acas, contract etc has set off chain of events if that makes sense ?

As of yet yet I have had no response ET3 it’s due now but am mindful I need to send the respondent what remedy I am asking the tribunal to make in line with the paperwork received from tribunal service and my deadline is imminent so do I just put in a draft? I have emails, wage slips, copies of grievance, evidence of failed bills etc .

Thanks in advance

[ULA]

You need to prepare your Schedule of Loss based on your current situation and submit that for the time being. Nearer the date of the hearing you will however need to update it to reflect any changes between now and then.