tampered contract & loss of income as a result?

[Marco_Cortesi]

Hello everyone

This is my first post since I joined recently and thought someone here might be able to help and perhaps give basic advice if possible.

Ok so I saw a job advertised on Indeed.
I rang the number to make an inquiry regarding availibility and application, was asked to fill out a work pack and was offered work almost immediately.
The nature of the work is based inbetween both rail and construction (pts civils) and as is required I needed to apply for primary sponsorship at the same time.
Part of the pack titled "terms of engagement" required I make a choice of either option A or option B.
Option A was PAYE WORKER.
Option B was THIRD PARTY INTERMEDIARIES.

I chose option A (PAYE) as I had unwittingly taken a position previously which policy dictated choosing an umbrella company, who consequetly left me working in a high risk enviroment as a qualified and multi skilled engineer for 7.50ph, having since vowed to myself never to get involved with any such company again in the future I made this known to the person dealing with my application.
I sent the pack off as mutiple pages of photo attachments via email.
Signed after giving my consideration and agreement to the terms and conditions of the contract, namely the duration, rate of pay and hours of work.
I attended the site and was inducted and had all my competancies checked (pts/sentinal card) and worked 12hrs.
On the second day I recieved a call from my new primary sponsor & contractor as a missed call which I rang back at first break.
It was explained to me that payroll would not accept my option A as a PAYE WORKER, resulting in the consultant making the decision (without actually having consulted me) to go with option B (THIRD PARTY INTERMEDIARIES). I was told that I was affiliated and using service now from one of the named umbrella companies chosen for me as it was not possible for legal reasons to go as PAYE and that the paperwork was explained as being old and not updated. I immediately left as I felt angry that this decision had been made without my knowledge, consent, prior consideration or agreement and have now lost the income originally determined by PAYE and cannot even make a claim for income support due to leaving a job voluntarily.
Have I got any legal rights to the loss of earnings and what could I have done to prevent this happening?

[Marco_Cortesi]

Re: tampered contract & loss of income as a result?

anyone been in a similar situation at all?

[des8]

Re: tampered contract & loss of income as a result?

Hi and welcome.
Sorry I can't help you, but please have a little patience.
This is weekend, and holiday time so there could be a couple of days delay before you receive a worthwhile response.

[ULA]

Re: tampered contract & loss of income as a result?

Do you know for sure that the rates of pay where different for signing up as PAYE or Third Party Intermediaries?

[ironbones]

Re: tampered contract & loss of income as a result?

Hi mate

I feel your pain, I have had something similar happen to me. The company offered me a job but when it came to the contract told me me they had to employee me under umbrella company, I failed to understand that this would mean no holiday pay, a fee for the umbrella company ever month, paying both employee and employers contributions.

I sat down worked out the difference between what I thought I was been paid and what I was getting and binned them off for an employed position, they tried to tell me that I was contracted for 6 months something that I had fail to understand as well, so I told them to stick there job post the van keys through the letter box. Never heard from them again landed a new job before the week was out.

Regards

[Marco_Cortesi]

Re: tampered contract & loss of income as a result?

Do you know for sure that the rates of pay where different for signing up as PAYE or Third Party Intermediaries?

Hi Ula.

The rates for the umbrella were never discussed as I chose to go PAYE so I couldn't possibly of known or given it my consideration (contract law).
I have no Idea what the umbrella were offering but since they charge you for a service it would be less than what the contactor was advertising without a third party intermediary, however, my contract had been changed without my consideration regarding the terms of engagement AFTER I agreed to PAYE ( by my signature).
Umbrella companies have to lawfully pay you at least NMW but that is it! My previous experience using one before was enough to show me that what is initially advertised in hourly rate is NOT what is realised in your bank account, so while the use of a service should be expected to cost you something where does the law stand on having your choice made for you against your wishes after an agreement has been met?