Originally posted by jin
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Reply to: Payment Dispute with Umbrella Company
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Previously on "Payment Dispute with Umbrella Company"
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Originally posted by Support Monkey View PostSame principle applies, if you open your bank statement tomoorrow and the bank have added a couple of noughts by mistake the money is not yours its the banks.
The umbrella made a mistake and have paid the money into a pension "your Pension" without recieving the money from the agent even though it was a mistake its still their money not yours and they can request it back.
Brollies don't chase agents even thought the contract is between the agent and the brollie they are still just a payment facilitator between you and the agent, you will need to chase the agent for the money if you don't pay it out of your own pocket
In my case, the pension contribution is from my salary sacrifice. I have not received my salary. Is my unpaid salary never taken into consideration?
I have no contractual relationship with agent. How do I chase the agent?
The contract is signed between agent and umbrella. I understand umbrella do not want to chase agent, but should they? or Do they have legal right to?
If the umbrella signs a contract but does not follow the contract, then I think it is a huge risk to all contractors. We should all dump umbrella companies!Last edited by jin; 15 April 2011, 16:20.
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Originally posted by jin View PostYour case is a over payment. I think it is different in my case. I did earn it, and Agent agreed to pay, but did not pay.
The umbrella made a mistake and have paid the money into a pension "your Pension" without recieving the money from the agent even though it was a mistake its still their money not yours and they can request it back.
Brollies don't chase agents even thought the contract is between the agent and the brollie they are still just a payment facilitator between you and the agent, you will need to chase the agent for the money if you don't pay it out of your own pocket
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Originally posted by SimonMac View PostI am not sure how umbrealla's work, but I would imagine that in the contract that they will only pay you if they have been paid themselves?! In this case it seems they jumped the gun and paid your pension early, it was a bit of a cock up on their part but they have basically given you money you didn't earn so IMHO are within their rights to ask for it back.
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Originally posted by Support Monkey View Postthe Umbrella cocked up they obviously paid out the money before receiving in your wages, however i think you will find (and someone tell me i am wrong if not) that you will have to pay the money back, Many years ago when i was perm (spit) several of us were overpaid for some overtime and we argued that it was their mistake but i beleive the law states that the money had to be returned as we had not earned it and we had to give it back so i think you will find the same principle applies here so your either gonna have to pay them out of your own pocket or get the pay from the client
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Originally posted by ilovehr View PostNope. Presumably you didn't tell the brolly not to make the payment in time and their system paid the contribution (probably similar to a direct debit where you need to give a few days notice to cancel and stop a payment going through).
Basically you owe the brolly - why should they fund a pension contribution from their own money?
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the Umbrella cocked up they obviously paid out the money before receiving in your wages, however i think you will find (and someone tell me i am wrong if not) that you will have to pay the money back, Many years ago when i was perm (spit) several of us were overpaid for some overtime and we argued that it was their mistake but i beleive the law states that the money had to be returned as we had not earned it and we had to give it back so i think you will find the same principle applies here so your either gonna have to pay them out of your own pocket or get the pay from the client
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Originally posted by jin View PostThe umbrella company is about to sue me. Do you think I have a case to fight?
Basically you owe the brolly - why should they fund a pension contribution from their own money?
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Originally posted by jin View PostPlease help me with this case:
My umbrella company agreed to deduct my salary and make a contribution to my pension fund.
The client gave me one month notice to terminate the contract. The agent also agreed to pay me one month notice period. - I have all the written evidence.
However, the client or agent changed their mind later, and did not pay my umbrella company. But my umbrella company still made the pension contribution without deducting my salary.
Now the umbrella company wants the pension contribution refunded. But my argument is that I have not got the salary I deserved. Taking the unpaid salary into consideration, I am actually in credit.
The umbrella company is about to sue me. Do you think I have a case to fight? What are my options? Thanks!
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Payment Dispute with Umbrella Company
Please help me with this case:
My umbrella company agreed to deduct my salary and make a contribution to my pension fund.
The client gave me one month notice to terminate the contract. The agent also agreed to pay me one month notice period. - I have all the written evidence.
However, the client or agent changed their mind later, and did not pay my umbrella company. But my umbrella company still made the pension contribution without deducting my salary.
Now the umbrella company wants the pension contribution refunded. But my argument is that I have not got the salary I deserved. Taking the unpaid salary into consideration, I am actually in credit.
The umbrella company is about to sue me. Do you think I have a case to fight? What are my options? Thanks!
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