One outstanding payment two Defendants?

[Guest]

I have an outstanding payment from a Employment Agency. The payment is outstanding as the Employment Agencies Client has refused to pay them and therefor wont pay me.

Should and can I name both the Employment Agency and the Client in my Small Claims Court case?

[paulajayne]

Your contract is with the agency - So claim against them.

[efpom]

As I understand it, the entity retaining you (the employment agency) will not pay you because it's client will not pay it.

I assume you are an employee, rather than a contractor. Please state which.

In either case, you could serve a statutory demand(subject to it's formalities - e.g. for more than £750) on the entity that retained you.

If you sue, I think you can name both as defendants, as the client had the benefit of your work, on the ground of unjust enrichment. But I am not sure about that.

One further point - if you are an employee, it may not be open to you to sue in the courts - the forum is the Employment Tribunal - non payment of wages.

[charitynjw]

I tend to agree with paulajayne
Imho, your contract is with the employment agency.
There is a separate contract between the employment agency & their client.

[UrbanGoose]

I am a Contractor not an employee and signed the contract with the Employment Agency but "opted out" of Employment Agencies and Employment Business Regulations 2003.

At least according to the Employment Agency.

[wales01man]

Have you a copy of the contract you signed?

[UrbanGoose]

I have a copy of the contract, would you like ne to send you a copy?

[efpom]

Please advise if you are certain that you 'opted out' of the Conduct of Employment Agencies and Employment Businesses Regulations 2003’

Please advise if there is an express provision in the contract that states that you (the contractor) will only be paid when the client pays your client, the employment agency.

Please also advise if the work is work covered by the Construction Act - https://www.legislation.gov.uk/ukpga/1996/53/contents

[UrbanGoose]

Yes there is that very provision in the contract.

Also, that link to the
Housing Grants, Construction and Regeneration Act 1996, was that a mistake?

[efpom]

see 113 of the Construction Act

[efpom]

You are entitled to know what steps the Employment Agency took to obtain it's payment from it's client. Also, until you are paid, your work belongs to you, and "it's client" is not entitled to use it. What line of business are you in?

[UrbanGoose]

I am an IT contractor, I write code. I signed an NDA with the client so they say all the work I did belongs to them and was one of the reasons they did not pay, they said that I did not deliver finished work even though the contract was terminated before I had finished the work. They also took offence over me not send them all the code I had worked on immediat after the contract was terminated.

One other thing, I am putting together a bundle for the hearing, whats the latest I can send it to all parties.

Thanks
Mark

[UrbanGoose]

Also, and while I regret my actions now, after it became apparent I would not be paid I did threaten to come and sit in the reception of the Recruitment Agent after drinking all day.

The Recruitment Agent is using this and my general aggressive request to get paid in there defence statements.

Although these incidents resulted after it became clear I would not be paid and do not represent a reason for not paying me is it something the courts will consider when making a judgement in the case?

[efpom]

The way it works is this:
First gather up all of the facts, and second, apply the law to the facts.
You have published some of the facts in dribs and drabs.
May I suggest that you publish all of the facts, in some form of narrative, in order that those who may be minded to help, are given the information to do so.

[UrbanGoose]

Totally right, will do so, problem is retaining the defendants and my anonymity.