Wages unpaid by agency.

[Vevey2004]

Hi there all.

 

Some advice will be very advantageous right about now.

 

For the last couple of months I have been driving for a well known (and very recently festively defunct parcel delivery firm) through an agency.

 

I am owed 2.5 days pay by the agency for hours worked 22-24 December 2014. This was due to be paid today (2.1.15) but it has not been.

 

The agency stated that this is because the now defunct client are no longer processing the agency staffs clock cards and sending the details to the specific agencies and therefore because THEY haven't been paid by THEIR client they cannot honour my wages.

 

The lady from the Agency also said that it's not likely they will EVER receive any monies at all from the ex parcel delivery firm for the entire time I was there.

 

Where do I stand with this?

 

My point of view is this. I sympathise that they haven't been paid but that is (I'm sorry to say) their issue with their client which they need to pursue. I wasn't employed by the parcel company I was employed by the agency and as my agency is still very much in business they should pay me for all worked carried out on their behalf. Their lack of payment from their client themselves is a private internal issue and is no affair of mine in no other way than my wishing them the best of British luck with it.

 

Am I correct both morally and legally in my stance or is perfectly legitimate for an agency under such circumstances to withhold wages? If so what procedure do I need to gollow to receive monies owed and if there are such procedures am I looking to spend more on Admin and fees pursuing this than I will potentially get back.

 

Please help.

 

Thanks.

[SabreSheep]

I would agree.

 

You are employed by the agency, they have an obligation to pay you

[SabreSheep]

You could send them a letter detailing the hours worked and the monies outstanding

 

Tell them that they are your employers not the parcel delivery firm and they have an obligation to pay.

 

If they refuse you will issue a small claims action to recover this unlawful deduction of earnings.

 

Title the letter "Letter Before Action" Give them in writing 14 working days for them to respond positively

 

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Check your agency contract small print to make sure there are no clauses that support their action

[renegadeimp]

Not your problem. The agency employed you so they have to pay you. It is their issue to recoup their losses. Not you.

[*RainbowTears*]

Not your problem. The agency employed you so they have to pay you. It is their issue to recoup their losses. Not you.

 

 

Exactly this!

 

You worked for the Agency, they employed you to drive, which you did.

 

It's 100% not your problem the Delivery company is now no more!

 

I would request your outstanding wages (for reasons given) & then change Agencies once your paid.

 

As if they are treating you like this, you could face bigger issues further down the line regarding your wages etc.

 

I do hope you get paid...

 

Good luck!

[Hacked_Off]

If you’re a temporary worker, you’re entitled to at least the National Minimum Wage for all hours worked, whether or not you sent in a timesheet.

 

Your recruitment agency can delay paying you while they investigate whether you worked the hours in question, but only for a reasonable period.

 

Your agency must pay you for work you’ve done, even if they haven’t been paid by the company hiring you.

 

https://www.gov.uk/agency-workers-your-rights/pay

 

So their basically talking tosh! If this agency in question are who I think i see their not learning!