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fifimcr

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  1. Hello All I have a suggestion to ask about a sitaution I am in just now. i worked through an agency on a end client contract, the daily rate fixed had a content of retainer where a part of daily rate was to be retained by agency and would be invoiced on a pre agreed date. Now the problem is the contract wording, On the contract it is written 'XYZ% of the day rate will be held as a retainer which can be invoiced for in six monthly intervals, XYZ October 2012 and then........'' (actual contract wording) I have left (rather forced to leave) the contract in September 2012 and now when i invoiced the agency for retainer they came back to me saying that I would have been on contract for six months to qualify for retainer, where as no where on teh contract it is written as a criteria for claiming the retainer. I m in a fix as to what should i do to get my money back !!! the lady i was dealing with kept changing her defence for non payment in every other email first she said its is clearly mentioned in contract, when i asked where in particular teh clause is she couldnt tell (as it is not in contarct anywyas) then i asked her to give me the details of director as i want to conact them she said 'contractually the agency is not laible to pay me my retainer' with no proof and reference to any contract terms what so ever Questions 1) Does any one knows where to complaint against the agencies? like who regulates them and who is there ombudsman body? 2) Does the contract wording suggests anything like a qualifying criteria at all? 3) what legal action could be taken against employment agency under contracts law or any simialr law Thanls
  2. Did Primark handed any ban notice? If not then she isnt banned from Primark. Personally I wouldnt go in Primark to shop, sorry but if she wanted to shop she would have done that the otehr day when incident happened. RLP - ignore them, do not engage in any conversation at all. end of story. http://www.criminalrecordchecks.co.uk/faqs-crb.htm
  3. Yes I am in a fixed term tenancy, the tenancy agreement is for 12 months, its a shared tenancy between three of us, all named on contract/tenancy agreement. its for a whole house via letting agent. shared tenancy on three peoples name for the whole house, 12 month term, only 2 months spent, deposit held in deposit scheme, letting agents unaware about my situation of job loss
  4. Hello All I am seeking a bit of advice in relation to my housing matter I rented a place with two other people from th letting agents, the lease is on our names (all three of us). Now i have lost my job about a month or so ago and have no means to cover the rent. i am trying to find another job which is not turning out well. Mine was a contract job so no in liue pay, no redundancy money etc was paid, it was plain 'we dont want you now' situation. I want to get out of the lease and dont know what to do in this relation. my flat mates are just being nuts and are not of much help, they want to stay in this house but want me to pay rent and dont want to give my deposit to me either. I am in a lot of mental stress due to my situation and this is just making it worse. I hav no recourse to public funds as i m not UK citizen so i cannot claim on benefits either, so way of getting money all together, i want to leave uk and go to my home (which is not in UK) any suggestions would be most welcome. many thanks
  5. Thanks for reply This new agency has registered me for similar contract but i think he wanted to see my reaction when he asked me that he wants a reference from previous agency i think i maintained my calm and didnt let that question change my expressions, i just want this new contract. i phoned my old agency and told them that i m applying for a new contarct and i dont want what ever unfai happened on previous project to affect my new project/contract. i also told one the managers in previous agency that i have copies of the emails showing what i wanted to raise as a concern n i was discuraged and threatened not to take that issue formal. i just wante dhim to know that i can produce tehse to new agency, somewhere deep down under i know this wold not impact the new agency but dunnoi want to do everything to ensure old agency shouldnt hold this against me
  6. Hello Transiet and all I have applied to this new agency for a conatract, as i said earlier they are interested in knowing y my contract was not extecded (i told them it was a short term contarct which it wasnt but i couldnt do anything except saying that) now thsi new agency is interested in getting areference form prev agency, the previous agency told me that they will provide factual ref confirming dates of employment and teh title i worked on but wuldnt disclose teh reasons i left teh project (the old agency hasnt mentioned 'termonation' in their email instead wrote 'you left teh project') i m very scared as i really want work n money and i m thnk if th new agency asks for 'reasons for short term contract or may be why th contract was not extended' what woudl my previous agency reply to this? is teh old agancy obligated to do so ! goodness i m loosing sleep over this what should i do
  7. Hi I m applying for another contract. The new agency asked me the reason for previous contract n I told them it was a short term contract. Now as I m classed as self employed.... Do I have to name previous agency as my reference? Can the previous agency tell the nee agency about what happened on last contract? Any one who is a contractor please advise that being self employed can I use accountant as references? Thanks
  8. Thanks everyone for your replies i have sent an email to this agency again without any mention of what happened, just a professioanl email saying i want to continue professional relation and hence for the same i have noticed few contracts they are managing and mentioned the one i want them to consider me for my delima is if they would really take that email forward and give the contract at new town n with new people, my practical mind says they should as they will get money by placing me but dunno what will happen
  9. So i met a cab adviser today and he thinks i have no case. end of story, no one cares what happened with me and how i felt, well i think i have to give up Now I am thinking to write an email to this agency as i need work, i dont want to sound desperate to them and considering my mind is dead/numb can anyone please help me writing an email? Please i want to tell them it wsa unfortunate that thsi happed n i want to put this asisde and start over, i know that they have a contract going in my home town and as i m returning their i want them to consider me, please advice how can i write this without sounding too desperate nad should be professional I cannot bear this stress any more just want my work if not teh same porject but atleast simialr mony
  10. @altobelli no i dont think the agency is regulated by fsa as they dont provide financial services, however the client they take on are all regulated by FSA directly or indirectly i wanted to consitute a ground of bulying and harassment at work place and victimisation by agency by not protecting me and asking me not to go formal. it is right that they earn money by placing me on contract, they earned it once, i completed 14 weeks and now they can earn again well i hope they think it frm that point as i really need work i shall meet a lawyer soon, on other side can i appeal teh decision? i have client (end user) agreemnet too in terms of ethics n all that crap where they agree not to discriminate bla bla nad i singed but i was discriminated ad not rreated fairly, if nothing works out u think it would be wise to write to hr of teh end user and ask them for review or whatever and include th agency in that too - i might have ground on that point...dont know do update sincere thanks
  11. Thanks for eply emmzzi well in all honesty no i dont want to see them ever in my life but i think this is the moment for me to swallow my pride as i NEED money and that will come only through work, i have lot of committments to fulfill and my family looking at me for financial support, i might have to compromise my pride, i know it sounds lousy but thats the reality in the end. i did called hmrc and the lady wouldnt let me go beyond teh point that i have a private limited company hece i m self employed. The ESI tool says otherwise and she said ESi tool doesnt applies to me, did u see teh link i posted in prev post that suggests that people using employment agencies nd pvt ltd companies can be employees ! lot of confusion on that ground i want to move on but there is no work available in that field, i m not sitting hand on hand but trying to find work, i dont want to work on same contract but similar one at different place would do me, i dont have to see agency once i m on contract and i learnt a lesson not to make friends at work or atleast judge people better before they become obsessive. fun times lol on teh grounds of ref i believe they wouldnt give a bad ref for two reasons one their own reputation and two i hold experince and as u sad they could earn money by placing me on a contarct I want to know my legal standing as the last resort but i think i initially want to speak to them and see if i can get work, i can put this expericne aside forget about it(well try to) and earn money and support my committments, who knows even after not doing anything wrong i m still the friday night gossip for them anyways sorry i m not washing my laundry here but we al work for money dont we? thanks
  12. @altobelli I worked in client premises, was obligated under DPA, the hirer is a management consultancy dealing with specific claims involving money and redress. so i cannnot work outside that premises, cannot take anything outisde of work like papers n all for DPA, i would assume that i was trained on client processes i cannot send anyone in my place to work !! I rasied a complaint that someone within in teh work is detering me from working and asks me to take unscheduled breaks, impacts my efficiency mentally and work wise as i feel pressured by it and i wrote teh whole account of it in my complaint email, whcih was not even read becasue of length i beleive. Yes i have a written proof an email that syas that i shouldnt raise this as teh agency wouldnt like this, the email was sent by new manager as teh old manager was promoted and taken to diff post. I have specifically mentioned in my complaint that i m being bullied and harrasased at work place which impacts my work n my personal life, no attention to any of it was given. I was asked to agree not to take it further and they will keep a check on things which never happened even after that agreement i was made to sit in so called mediation meeting where we were interviewd invidually and no clarification or discussion was done face to face between both parties the termnation was initially doen over phone and then via email the reasons for termination are - underproductivity and misconduct. Under producivity was never mentioned and discussed with me in work ever and realistically it could never be discussed as i never under produced except certain occasions where my line manager was aware of issues in well time The reason given on call was that 'someone' of all the alleged parties was still talking about the issue in the work - Can i ask the agency to prove this as it WASNOT me for sure. misconduct - i have not done anything of that nature, i was asked NOT to talk about it (i wasnt talking about it anyways) and I never talked about it after that meeting My questions 1) does the agency has to prove both teh grounds i.e. under productivity AND misconduct? 2) Can i ask agency to explain those grounds with proofs? 3) can agency give me a bad reference - or more realisitically are the employers or whoever permitted to give bad references or obligated for a factual reference? 4) Can i ask the agency to deploy me on another project of similar nature in my home town (i moved to some other place coz of this project) 5) can i fight the agency on the grounds that i was bullied and harrased and asked for help but wasnt protected but sacked !
  13. @ all i found this, can someone clarify is this my siatution? http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Agencyworkersandemploymentagencies/DG_10027514 If you have your own company If you have your own company or work through a limited company and use an agency then you are still protected as an agency worker. You can choose to opt-out of some of these protections but must do this before you are introduced to a hiring company by your agency. The opt-out has to be given by both the limited company contractor and the person actually doing the work (eg, if the limited company contractor engages its own workers). In most cases you will still be covered by the Agency Worker Regulations. An agency cannot make their work-finding services or an offer of work conditional on you opting out of your rights.
  14. really sorry to hear that you have to undergo al this, i just landed myself in similar position but i ma contractor
  15. my written contract with the agency says 'contract for servces' and when i was asked for th cert of incorp of my company that was soley for teh purposes of my pay, thsi agency isnt paying anyone they have either given th option of umbrella company or private limited comapny to any of there associates like me is such kind of option startegy used by agency a legal way ?
  16. Hello sorry for hijacking this thread but I have also used teh ESI tool and the result states that i am an employee as I had a hogh degree of control, liek teh original thread started i was dismissed from a contract without notice, i operate through a private limited comapny and that option was given to me by the agency who ararnged this contarct for me
  17. @ above I was working like usual after the mediation meeting, no talks about that topic to anyone whatsoever. Yes I am the director of my limited compmay as the agency when doing teh contract with me gave me an option to tak umbrella company or pvt ltd company. I chose private ltd co as it was tax efficient. I understand its very very bleak possiblity in my case to do anything on grounds of employement law. My main concern is the complaint tht i requested to me rasied as I was being harrassed by someone in work who like me was put of th project by same agency, i was teh complainant and i dont understand why my complaint was no raised in first place and secondly why i was sacked on th grounds of misconduct, On the phone call where i was told about teh project termination, it was mentioned that some one out of all three parties involved was still talking about that topic not necessarily me. I just want to know under the equality act can i take the agency to employment tribunal, as a director of my own company do i have any rights against this unfair termination of contract. Also if i was self employed i would be able to do teh work as i liked, i mean in terms of working hour, process and decide who i can send to work on my behalf but i was not entitled to do any such thing i am very confused as it was for teh first time i did contracting and landed into mess any clarification on my stuation would be great help, thanks
  18. I am the director of a private limiteed company, what is my employement status? m i slef employed or anything else i take up work from agency for their clients. i need to clarify my position in terms of employment law and employment tribunal
  19. hi becky i demanded a formal complain to be raised against teh bullier which was not dealt with at all, instead i was asked not to report it formally as teh agency would frown on this (i have an email copy to say so) i agreed to that and even after that agreement i was made to sit with teh agency on th very day of agreement and a so called mediation meeting took place. nect day out of th blue i got a call for termination of teh contract and no grounds were told, as i was asked to leave th premises immediately i reckon it was on grounds of misconduct, which i dont undersatdn as i m th victim of bullying and harassment and now being victimised for being a minority, a person of colored skin and on a work permit in th UK ! isnt there any way i can fight against teh agency ?
  20. I have made a written complaint to my line manager, i have teh copy of email, nothing was done after that email. there was nothing given in writing in mediation meeting, we were just interviewed on individual basis, made to sit together and told that this should end and our teams were changed, and i thought that was end of it but on tuesday around 4 pm i got a call from agency to tell that the contract has been termnated and i would have to leave immediately. i checked my contract and that says teh immediate removal is possible only in case of gross misconduct and i didnt do anything of that nature, howver on th call from agency i was told that the matter was still talked about but not necassarily by me !! i have no confirmation in writing about teh termination of contract by agency. my line manager is a male and i am not comfortable telling him all teh details of teh bullying which were of private nature. I beleive the bottom line for me is i raised a complaint, whcih was not dealt with, i had to bear with teh bullying and i was repimanded and sacked for complaining, even if i m a agency worker can i be treated like this and i have no legal standing?
  21. I have been threatened of sack in the mediation meeting n next day told over the phone about the contract termination, I wasn't made aware of grounds. My contract says about 20 days notice but on grounds of misconduct that would be immediate termination. I don't understand how one complaining against a bully is gross misconduct ! I have been in contract for 14 weeks, its really unfair n I feel victimised for complaining n standing fir myself I cannot claim under unfair dismissal I believe but how can my complaint not being justified n I font know why I have been sacked when I m the victim. What should I do
  22. Hello I have been sacked from a contract job and i was not disclosed teh grounds of dismissal My employement contract i am a contarctor employed by an agency for their client and i work on client premises, it is the first time i have done contracting Precisely i beleive i am agency temp working for agency's client The incident I am a female and had made a complaint of bullying and harassment against a fellow female colleague,. The relationship between this colleague and myself were friendly initially as same team colleagues but then she started bullying me for one reasons or another which i avoided initailly but one day it just crossed its limits and i had o go down teh route of complaint. the complaint was not raised formally by manager and in the meantime that manager got promoted and we had a new manager, teh new manager had aone to one sessions and mentioned about teh issue i have raised and told me that she would follow up ad update me she sent me an email confirming that she had followed up and this has not been raised formally, and she would urge me not to go formal as teh agency (who employed all of us, including both managers, on this project) wold frown upon this. after having a small discussion on it i agreed to it as long as it doesnt continues with me. the next thing i knew next day was teh agency were in client site and wanted to talk to me, asked me abot the incident and had teh view from th person who bullied me and we had a mediation meeting in which it was decided to end th matter by changing our team and make us stay apart from each otehr so that it should not go further, which was agreed by all th parties involved and we carried on our jobs. next day before th close of teh business the agency rep called me and said that i have been removed from teh project as the client has found that this matter is still being talked about in work necessarily not by me. I told them that i havent spoken to anyone about it and i have been working normal in my new team and have no issues what so ever, but they wouldn't listen to me and said that with immediate affect my contract is terminated. I am in real shock of being victimised at work and treated unfairly, i dont know what are my legal rights in this situation, please help
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