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Emergency - Umbrella Company withholding salary

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    Emergency - Umbrella Company withholding salary

    Long term lurker, I seem to be having a problem with my last company and contract which finished in November 2021.

    Bit of background information, I am seasoned contractor and early last year was offered a government based contract inside IR35. This was offered by an agency. They then offered a range of umbrella companies to use and the one which seemed the most suitable also belong to the main agency.

    The main agency is relevantly quite small with only really one recruitrecrrecruitrecruit.

    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.

    There had been no warnings for this and repeated attempts for further information from both the agency and umbrella company have not been replyed to.

    I have contacted ACAS who have attempted and failed without resolution early reconciliation and have issued a certificate. I have also raised an employment tribunal against the umbrella and agency company, not knowing which one I should be aiming for.

    Is there anyone who could help further please? Would getting a lawyer and solicitor involved help in anyway?

    Thank you in advance for your reading and replies. I am happy to provide further information.

    #2
    Bump....any help please?

    Comment


      #3
      Late on a Friday....

      Anyway have a search on "dunning" on the fora. Basically chase the final invoice plus interest and a standard penalty, driven by a formal process.

      No doubt better informed people than me will join in soon.
      Blog? What blog...?

      Comment


        #4
        Contact Safe Collections who post on here but have their own website and get them to chase it for you.

        Someone must have told you something? Did the brolly blame the agency, agency blame the client. Surely you know where the bottleneck is?

        When you do find who hasn't paid a final letter of action from a solicitor demanding the money plus interest be paid by x date or face court will probably do it but see what Safe Collections say first.
        Last edited by northernladuk; 14 January 2022, 23:24.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #5
          Safe collections won't be any use as they are business to business transactions and this is employment related - the umbrella firm is the one that needs to chase the money from the agency. But in reality that isn't the OP's concern his is to get his employer to pay him the full amount for the last month.

          As you've gone to ACAS the next stage is sadly to get enforcement via a employment tribunal and for that the OP will need to find a law firm that specialises in such things - because it's easy to say things in the tribunal that are then used against you.

          Beyond that good luck.
          Last edited by eek; 15 January 2022, 08:47.
          merely at clientco for the entertainment

          Comment


            #6
            If you name the umbrella here and contact them via Twitter you may get some responses, if only to try to get you to take your posts down. That would give you a bit of leverage to get your money.
            "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
            - Voltaire/Benjamin Franklin/Anne Frank...

            Comment


              #7
              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?

              Comment


                #8
                Originally posted by SchumiStars View Post
                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.
                You could rock up at his resgistered address and have a word with him. Might be the right address as there is a similar looking dude loitering outside on streetmap

                https://www.google.com/maps/place/27...3!4d-0.1222098

                Are you sure his company is called Paycircle and you aren't logging in to their portal. Paycircle provide a payroll beaureau service. Could it be the agent is running this so technically the agency and umbrella are one and the same?
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #9
                  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.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    Yep, starting legal proceedings, that’s the only way some people will pay up.
                    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
                    - Voltaire/Benjamin Franklin/Anne Frank...

                    Comment

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