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Verbal promise regarding pay rate reneged upon after starting work

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  • Verbal promise regarding pay rate reneged upon after starting work

    Hi
    Started Temporary work through agency at a certain rate of pay promised verbally, I agreed to undertake the work on that basis.

    Several days after commencing employment I was told I would be paid a lower rate than promised.

    I did challenge this by speaking to the branch manager to no avail and was told the recruitment consultant had made a mistake.

    Please can you advise my options as to how I can re-educate this employer and force them to uphold their promise.

    Many thanks.
    Tags: None

  • mariefab
    replied
    Re: Verbal promise regarding pay rate reneged upon after starting work

    I'm going to assume that...
    'The guy' ^ = the agency's recruitment consultant who informed you of the higher rate of pay that you were therefore expecting to receive for this assignment.
    'No joy' = when you told him that the pay rate was lower than he told you, he accepted that it was his mistake but said there was nothing he could do about it.
    ....and answer on this basis.

    Your contract with the agency undertakes to notify you 'in advance of the specific rate payable for each particular Assignment'.
    You accepted the Assignment based on the specific rate notified in advance.
    The agency has fundamentally breached the contract by failing to pay the specified rate.

    As long as you act fairly promptly after discovering this, you can terminate this contract with immediate effect on the grounds of their breach.
    In these circumstances you are also no longer bound by any other contractual agreements.
    For example, an agreement to work for the agency for 3 months before being employed directly by the Host organisation.

    Leave a comment:


  • microsoftphone
    replied
    Re: Verbal promise regarding pay rate reneged upon after starting work

    mariefab sorry for my tone in my first reply.

    The first thing I did was speak to the guy that offered me the work with no joy so I contacted branch manager also no joy.

    Leave a comment:


  • microsoftphone
    replied
    Re: Verbal promise regarding pay rate reneged upon after starting work

    Thank you.

    1) employed and paid by the agency NOT the host organisation. Love the term host, very appropriate!
    2) the written contract is what I call a generic one signed when I met the agency before being offered any work.
    Pictures of contract below, which I signed in September but didnt start work with agency until November, nothing signed at all for this current work. I hope the quality is ok.
    3) Someone else has basically advised I have no options.
    4) Other advice has been that I now have the option to be employed by the host company because the oringal verbal agreement (pay rate) was reneged upon, so we dont have to abide by the agencys 3 month probation before being employed directly (which was also verbal). Is this your undertsanding?
    Thanks again for your kind attention.
    [IMG][/IMG]
    [IMG][/IMG]
    [IMG][/IMG]
    [IMG][/IMG]

    Leave a comment:


  • mariefab
    replied
    Re: Verbal promise regarding pay rate reneged upon after starting work

    Sorry, I appear to have misunderstood your opening post. I assumed that the recruitment consultant was employed by the agency and that it was him/her that promised the rate of pay that you were expecting.

    Is your problem that you can't access the person working for the employer that promised you the higher pay rate?

    Leave a comment:


  • matt3942
    replied
    Re: Verbal promise regarding pay rate reneged upon after starting work

    Hi [MENTION=75768]microsoftphone[/MENTION]
    1. Are you employed by (and paid by) the agency, or by the host organisation?
    2. Do you have a written contract or agreement that you can show us?

    Leave a comment:


  • microsoftphone
    replied
    Re: Verbal promise regarding pay rate reneged upon after starting work

    sorry where did i distinguish between employer and agent and how does your answer advise me how to get what i am owed?
    sorry but i thought this was a legal advice forum.
    thankyou

    Leave a comment:


  • mariefab
    replied
    Re: Verbal promise regarding pay rate reneged upon after starting work

    If you agreed to undertake this work based on the rate of pay promised by the recruitment consultant and the retruitment consultant made a mistake about the rate of pay your argument is with him/her not the employer.

    Leave a comment:


  • Kati
    replied
    Re: Verbal promise regarding pay rate reneged upon after starting work

    [MENTION=26290]mariefab[/MENTION] [MENTION=70489]judgemental24[/MENTION] ??

    Leave a comment:

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