Employment Business owes money

[McCa]

Hi all

I am looking for a bit of advice of best course of action. Before I start, this has been to Employment Tribunal the judge was very fair but did not have the jurisdiction.

I have withdrawn appropriately from that upon the judges advice as it may be a claim more suited to the County Court.

I mindful of putting lots of details as don’t wish to be identified but hey ho I guess I need to put some.

I am actually really glad it went to a hearing as a bundle was filed this clearly evidences there have been several breach’s of The Employment Agencies and Employment Businesses Regulations 2003.

There are copies of terms and conditions that I never received I know this as they are in a ltd company name that I dissolved and I would have pointed this out. They have also lied on the T&C’s to cover further discrepancies in payments.

They owe me a substantial amount of expenses that were never paid and I have a paper trail of when I put them through this has been ongoing for a number of months and they are fully aware I am in severe financial difficulty but are refusing to pay them.

Then they admitted they had discovered some expenses and tried to barter with me just before tribunal hearing. This I have now discovered is yet another breach as they have had this money well over a year and I still have not been paid it!

My understanding is they should not hold money for longer than 48 hours bar Saturday and Sunday and if they do they need to send a statement after 30 days and client accounts should be audited every month.


i also understand they really should pay for hours worked even if no signed timesheet is received from the end client this is something they have not done on at least 2 occasions.

Further to this just before hearing they paid me a sum of money (not the admitted expenses as not same amount) but didn’t say what it was for other than some expenses.

I would like to say I had given them no consent in-fact I had withdrawn consent for them to process any monies yet despite previously asking what umbrella company I was now with a few weeks earlier to pay some money they totally ignored this and paid the money I am sure this probably relates to yet a further breach of the 2003 Regs.

Their behaviour is unprofessional , they have lied and are just not doing the right thing and treating me like a fool. I’m really fed up with them and their irresponsible behaviour I am suffering both financially and emotionally.

I’m not sure what to do next do I make a complaint to the Employment Inspectorate? Or do I go through MCOL? I did get some legal advice but there is no way I can afford further advice.

i just feel like there is no justice here our employment rights are meant to be protected but I’m struggling with this currently and I really just want to move on but I need that money owed to get me back on my feet again as this has had an impact upon my credit rating and bills.

Thanks in advance for any advice

[ULA]

If the Employment Tribunal say this is outside their jurisdiction but you believe you are still owed money from an employment agency which are wages for hours worked and also expenses.

Was the legal advice you got related to making the ET claim or has it been since you withdrew the claim. If so what did they advise you do?

Tagging Amethyst for help on this one as well.

[McCa]

Thankyou

I could have stayed with Tribunal for hours but this is the smaller part of the claim the Judge was unable to look at the expenses although Acas advised I put them down(and in no way am I blaming Acas as they did their very best and employment law is complex)

The Judge was concerned about me withdrawing appropriately as to not prejudice any civil claim this was done upon legal advice all though the other side refused unless I agreed to no civil claim or they would apply for costs. I carefully considered this and absolutely refused to give up my legal rights.

Legal advice was yes to MCOL and potentially there are breaches of the 2003 regulations. I actually just want them to do the right thing I have tried everything to sort this out in the right way but it’s dragged on for nearly a year and it’s put me in serious financial difficulty as this all started with them messing up my pay, not really doing anything about it and I had to sort it directly with end client myself earlier this year but by then I’d missed payments on insurances etc.

Of course if I was affluent I may have let it go and move on albeit grudgingly however the simple fact is I cannot just let the money I’m owed go as it’s several thousand pounds I’m out of pocket by and it would really help me move forward if it was paid.

Thanks