Emergency - Umbrella Company withholding salary

[eek]

Sorry for the late response. The umbrella company is called PAYCircle and the agency is called UK Resources. Both are headed up and controlled by Ajay Shah.

I have raised a ACAS claim which has resulted in a certificate. I needed this to raise an employment tribunal. So this is were we are.

I have also contacted the client (Deloitte/DWP) in order to at least make them aware of what is ongoing.

The umbrella company are refusing to provide any information as to why we are now going into the 3rd mth without being paid. They are however insisting that I contact ACAS and close the claim to which they will then pay me. I believe that this maybe the wrong way round and would ultimately lead me to closing a claim to which they have no intention of paying what is owned.

Any ideas on how else I can move this forward please?

You are correct, you don’t close the claim down with ACAS until you are paid in full.

my next step would be to find a local law firm that does employment law and get them to sort out the tribunal bit asap. That will show Ajax Shah that he’s picked the wrong person from the employee perspective.

the second thing you need to do is to work out who is responsible for Deloittes Supplier list and start the process of removing UK Resources from their PSL. Now little May come of it but a a complaint from whoever on your team is a permanent staff member to Deloitte purchasing will probably result in a phone call to the agency at the very least.

to explain, the reason you need UK Resources removed from the PSL is that by doing so you can immediately switch (without any legal repercussions) to a different agency. The mere thought of the loss of business would be enough to focus Ajax’s mind.

[eek]

You have all this in writing? They give you no reason whatsoever for not being paid? Nothing? Seems extremely strange that. Can you not pick anything up? You checked their finances to see if they've got cash flow problems?

Do you have it in writing that they will pay if you close the ACAS case? I wonder if you get them to sign a contract saying they will pay if you close the case? Surely they are screwed if you do and they don't pay. They've breached contract and maybe other things like fraud as they entered in to the contract with on intention to fulfil it, I dunno. Even if it's the wrong way round the promise to pay is your trump card?

Those musing aside Eeks path appears to be the way. I'd personally be speaking to an employment lawer to see if they'll give you the first hour to discuss it and give you option. Might be they suggest a letter before action to show you are serious as you need it to take them to court. Find out what you can include in a claim as well. Interest, solicitors fees etc, and then just progress as they suggest.

Is small claims court an option? It's a bit slow but fairly simple. Costs about 700 quid if fees which can be added to the claim but not sure if it's the right way for an employment claim.

Do what Eek says and start the ball rolling.

If you are directly employed by an agency (agency payroll) or via an umbrella the only route to reclaim is via ACAS and then an employment tribunal.

safe collections and Dunning are processes for collecting B2B debts - this isn’t a B2B debt - it’s employment related.

[northernladuk]

If you are directly employed by an agency (agency payroll) or via an umbrella the only route to reclaim is via ACAS and then an employment tribunal.

safe collections and Dunning are processes for collecting B2B debts - this isn’t a B2B debt - it’s employment related.

He can bring a small claims for non payment though.

https://workingfamilies.org.uk/artic...-civil-courts/

What employment breach of contract claims can be brought in the small claims track?


Claims for breach of contract both during the life of the contract and after it has ended provided no more than £10,000 is being asked for. These includes claims for

• Unpaid wages
• Unpaid notice pay
• Unpaid holiday pay due under the contract. If you are claiming holiday pay under the Working Time Regulations, bring your claim in an Employment Tribunal.
• Compensation for contractual changes to terms of employment

[eek]

He can bring a small claims for non payment though.

https://workingfamilies.org.uk/artic...-civil-courts/

Against that Employment tribunals - judgements are published while small claim courts aren't.

Simply taking the case to a tribunal will result in additional pressure to pay up as no agency / umbrella will want the judgement available online forever more.

Also 3 months pay for a contractor is going to be more than £10k.

[northernladuk]

Against that Employment tribunals - judgements are published while small claim courts aren't.

Simply taking the case to a tribunal will result in additional pressure to pay up as no agency / umbrella will want the judgement available online forever more.

Also 3 months pay for a contractor is going to be more than £10k.

I thought he said

I was paid a full month in arrears, so by the time the Dec had come and gone it was apparent that he was not going to pay my final months salary.

So he mentions his final salary and 3rd month of not being paid that final salary so less than 10k. If it is just a few K which I assumed getting solicitors in is going to get expensive and may not be viable. Small claims might give him an option for only 700 quid. Just an option as we don't have the full facts.

[eek]

I thought he said



So he mentions his final salary and 3rd month of not being paid that final salary so less than 10k. If it is just a few K which I assumed getting solicitors in is going to get expensive and may not be viable. Small claims might give him an option for only 700 quid. Just an option as we don't have the full facts.

Yep - you need to read both posts to see that what has happened is that his final October / November pay cheque has not been paid.

I would be heading to a tribunal as that's in public while a small claims court one isn't. However the small claims one could be cheaper - so it's head to a lawyer and see what they suggest.

[Snooky]

Small claims might give him an option for only 700 quid

The court fees could be even less than that - £455 for up to £10k: https://www.gov.uk/make-court-claim-...ney/court-fees

[cojak]

As an aside - here’s the due diligence that you should perform next time.

(One director and 0 employees?? And just wait until you see the 'micro' accounts...)

UK RESOURCE LTD filing history - Find and update company information - GOV.UK (company-information.service.gov.uk)

[WTFH]

As an aside - next time I would perform a better due diligence than you did last time...

(One director and 0 employees?? And just wait until you see the 'micro' accounts...)

UK RESOURCE LTD filing history - Find and update company information - GOV.UK (company-information.service.gov.uk)

Don't panic, he's got another company...
https://find-and-update.company-info...mpany/08457223

[agentzero]

Ajay Shah - Tele: 02030269220

I'll PM you his mobile number in the event you don't already have it.

Edit: I can't PM you, you don't have rights: Open business mobile number for UK Resource, not a personal hidden number - 07791131202