Advice on Agency not sticking to the Contract

[sammy42]

Hello All

Need some advice my Agency has not paid me as it says on my contract.Basicly on the contract it stats that i will get paid x amount of working easter weekend , But come paid day they have only paid me for 2 of the days at x amount and the rest at standard amount which is not what the contract says do i have any legal grounds to recover the money that is still owed to me

Any help is appreciated as i no longer work for that agency

[Wanderer]

i will get paid x amount of working easter weekend , But come paid day they have only paid me for 2 of the days at x amount and the rest at standard amount which is not what the contract says do i have any legal grounds to recover the money that is still owed to me

Welcome!

You need to read your contract very carefully. Does it state a special pay rate for "Easter weekend" or a rate for "Bank holidays" ?

If you worked (say) Friday, Saturday, Sunday and Monday, they could potentially take this to be two bank holidays (at the extra rate) and two days at the standard rate.

If you are sure they have paid you the wrong amount then best thing to do is to either give them a call and discuss it with them or send them an email setting out what you think you should have been paid and see what their response is.

Stay calm, hopefully they have just made a genuine mistake and it can be quickly resolved.

[sammy42]

Thanks for the reply wanderer I have checked the contract again and it stats pay at X amount for 4 days over easter.
Have spoken to them about this they said because they did not get paid from the coustomer then i am not getting paid.
where do i stand now anyone got any advice.
its not the money its the fact that when i left they made it very difficult for me hence why i left them

[Wanderer]

Thanks for the reply wanderer I have checked the contract again and it stats pay at X amount for 4 days over easter.
Have spoken to them about this they said because they did not get paid from the coustomer then i am not getting paid.

From what you have told us and presuming that you haven't left out some important details, the agency is completely in the wrong.

If you did the work as contracted and it says "pay at X amount for 4 days over easter" then that's what the agency has to pay you. Don't let them bulltulip you that the client didn't pay the agency so you aren't getting paid, because this is nothing to do with you (and they will know it full well too).

If the agency agree to pay you X amount for Y days work and you carry out that work then they have to pay you according to the payment terms agreed. Your contract is with the agency, NOT the end client. If the client doesn't pay the Agency then it's the agency's problem not yours. If the agency made a mistake in their payment rates with the client then it's the agency's problem not yours.

Phone them again and say:

"I have taken legal advice and it is clear that the contract between (sammy42 or your LTD company) and the agency clearly states pay X amount for Y days work. If your agency's contract with the client was on different terms to this then that's your problem not mine. I'm giving you 7 days to pay up or I take legal action without further warning." If they start going on about their contract with the client then just repeat the above. Whatever you do, try and stay calm. Take notes of what they say.

Follow up with a written letter setting out your case in simple terms. Head the letter up "NOTICE OF INTENDED COURT PROCEEDINGS". Don't get angry or abusive, just be firm and to the point. Address the letter to the managing director, go to the post office and ask them to send it as "signed for" so someone will have to sign to take delivery of the letter and you will have proof that you sent it.


If it comes to it, you can start court proceedings, see here https://www.moneyclaim.gov.uk/web/mcol/welcome

I've never had a dispute go as far as court, the threat of legal action in a letter to the director of the company you are dealing with gets results quick. Remember that in this case it's the AGENCY you are dealing with, not the end client (leave them right out of this).

Good luck!