Agency still haven't been paid

[louise2012]

I'm not sure if this is on the right board, but just before Xmas the recruitment agency advised me that because the firm I was working for had 'invoicing problems' (the firm weren't paying the agency for me being there, although I got paid) and as a result my temporary assignment was ended with immediate effect.

 

However, I checked my social media and emails and one of the bosses who I used to do work for has emailed me today asking me to contact them.

 

If the firm wanted me back surely they must have to go through the agency first etc.

 

I was there for 6 months and in the process of completing a new claim online.

 

Any advice about what to do would be appreciated.

 

Thanks

[BankFodder]

I suppose it's possible that they are trying to contact you to offer you work directly and therefore bypass the agency fees. This could mean that they will pay you more money than you are earning through the agency – but save themselves a certain amount of the commission that they were paying the agency.

 

Of course, if the agency found out that you were doing this then they probably wouldn't take you on any more. I imagine that if you did this then you would be in breach of your contract with the agency and it might also be considered as dishonest behaviour.

 

One thing to worry about is that the employer has apparently not paid the agency. If they are this kind of employer – or if they have financial problems then you could find yourself in difficulty if you worked for them directly. At least working for the agency, you are pretty well guaranteed to receive your money regardless of the state of the employer.

 

It will be for you to make a decision and what I have said here are really just some extra ideas for you to consider.

 

If you simply just carry on working for the agency, will they continue to give you the amount of work that you need and at a price which makes it worthwhile? If you left the agency and went to another one, would you get the work you need? Is it possible that a subsequent agency would find out that you had betrayed the previous agency and gone to work for the employer directly.

[Sidewinder]

Can't really add to what BF has said - speak to the employer and find out what they want but do not commit just blindly. Look at your agency contract and make sure that you are not bound by any restrictive clauses, and ask the employer directly about the previous issues with payment

[louise2012]

When I was at this company there were days were I wouldn't have anything to do so when I contacted the agency about this back in October they said they would find out what's happening for me. Since then I've started to look for other jobs and do I continue my claim for JSA as officially I'm now not working ?

[Mr.P]

Since then I've started to look for other jobs and do I continue my claim for JSA as officially I'm now not working ?

 

You should be entitled to claim JSA along with council tax & housing benefits for as long as you are not working. Both the JCP and the council are used to seeing people in the same situation and understand that agency work is not guaranteed. The JCP will still expect you to jump through hoops, but try not to let that get you down.

[louise2012]

This is a really an update but I received an email today from the agency and the company that I was temping at want me back tomorrow.

[louise2012]

On friday on the way home work, I received a phone call to say that as the company haven't been paid I can't go in until Wednesday next week.

 

However, even though I haven't got a contract yet from the company I have been permanent. Also the agency don't know this.

 

Before I left on Friday, the company that I'm temping at said that I should come in anyway on Monday so don't know what to do.

 

Should I go in or not tomorrow ?

 

Thanks

[Emmzzi]

your post is a little confusng, cn I check

 

- you work for an agency, the agency have not been paid by the company they have sent you to work at, so have advise you not to go in

- the company you have been sent to work at have made you permanent on their books not the agencies, but not told the agency? And you do not have a contract.

 

The company will most likely be due to pay the agency for you moving from temp to perm, so are acting dodgily not declaring this.

 

Between that and not paying the agency it's screaming to me that they are having cash flow problems, so you may not get paid on their books either.

 

I would follow the advice of your agency. You have nothing in writing, so no protection.

[louise2012]

The agency phoned up late on Friday afternoon chasing payment at the company that I'm temping at. The same thing happened just before christmas when I received an email advising me not to go in.

 

However, a few weeks ago the agency phoned me up to let me know that they were paid and have been there ever since.

 

Hope that makes sense.

[sangie5952]

The agency phoned up late on Friday afternoon chasing payment at the company that I'm temping at. The same thing happened just before christmas when I received an email advising me not to go in.

 

However, a few weeks ago the agency phoned me up to let me know that they were paid and have been there ever since.

 

Hope that makes sense.

 

I agree with Emmzi. This company have a contract with the agency, which obviously includes paying them for the services provided. They have now twice reneged on that contact. What on earth would suggest that they are trustworthy to you? Not paying once is a serious oversight (since the agency probably took steps to remind them before telling you not to attend). Not paying twice is deliberate and suggests that they don't have the cash flow to pay. If they can't afford you through the agency, they can't afford you, full stop. So if your wages aren't paid in a couple of weeks, you would only have yourself to blame, as this is one that you can see coming.

[louise2012]

I get paid weekly by the agency and the wages have gone in my bank account since.

[sangie5952]

Yes, but the agency will pay you regardless of whether they get paid. Unless, of course, you go to work when they have told you not to. So if you say that the client has made you permanent, then it's the company that will owe you wages, and if they don't pay you have to get the money out of them yourself. And you may well have burned your bridges with the agency if you move to their client without telling them. So if you needed them again they may well refuse to place you.

[louise2012]

One more question, is it up to me to tell the agency that I've been made permanent or is it the company that I'm currently temping at ?

[BazzaS]

I get paid weekly by the agency and the wages have gone in my bank account since.

 

It is correct that the agency should pay you, and this should be regardless of if the company pay the agency (your contract is with the agency, the agency has one with you and one with the company!)

 

So, the agency is right to pay you, and right to tell you not to go in until they get paid.

I share the concerns that if the agency haven't been paid twice, that working for the employer direct leaves you at risk of being treated similarly!

[Emmzzi]

you aren't permanent until there is a signed contract in your hand. you have air and promises instead.

[sangie5952]

One more question, is it up to me to tell the agency that I've been made permanent or is it the company that I'm currently temping at ?

 

You need to be clear - there is no such thing as permanent. You can be dismissed for pretty much any reason for the first two years, and relatively easily after that! The company know this. You are just so much cannon fodder to them.

 

I don't know what the terms of your contact are, but I would be surprised if it didn't say that you have to tell them if you are made a direct offer by their client. You could not bother, I suppose. But like I said, be aware that you may not be able to go back to them if you don't. And with this companies record, you could be looking for work in a couple of weeks and have no money because they haven't paid you!

[sangie5952]

you aren't permanent until there is a signed contract in your hand. you have air and promises instead.

 

And not even then. I bet the agency have a signed contract in their hands, and look where that got them!

[ericsbrother]

you havent been made permanent, you have been asked to break your contract with the agency by an employer who cant be bothered to pay their bills. Sure, you will cost them less to employ directly but they will have an agreement with the agency to pay a "finders fee" to them for poaching you and it looks as though they are hoping to avoid that as well. That will leave you in trouble for breaking your agency contract and also as a potential witness against your new employer in a court claim. Do you realy think they are going to be nice to you when you have to give evidence that will cost them money?

You have to get your head around the fact the agency is your employer and do as they say if THEIR CLIENT (not your employer) continues to play up. Speak to your agency asap and let themt know about the offer of a permanent role if you still want to work there after reading these responses.

 

One more question, is it up to me to tell the agency that I've been made permanent or is it the company that I'm currently temping at ?

[louise2012]

Thanks for the replies and have managed to find a copy of the agency contract and found this :

 

2.7 The Temporary Worker agrees that, if the Client wishes to

employ the Temporary Worker on a permanent basis (or where

the Temporary Worker is introduced to a third party), the

Employment Business is entitled to charge a fee or offer the

Client an extended period of hire for the services of the

Temporary Worker.

[Emmzzi]

Louise, I am not sure why you asked for advice - I get the feeling you are ging in anyway despite the advice given? Best of luck, I hope we are wrong and that it is a risk worth taking.

[honeybee13]

Hello Louise.

 

Is this the same employer as one of your previous threads please? I also struggle to see why you would trust them, sorry.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?473310-Ex-employer-contacting-me

 

HB

[louise2012]

Yes it is. The firm contacted the agency asking me back just after new year.

[louise2012]

I really appreciate the advice but nothing like this as ever happened to me before where the company haven't paid the agency.

[honeybee13]

Threads about the same employer and agency merged.

 

HB

[sangie5952]

I really appreciate the advice but nothing like this as ever happened to me before where the company haven't paid the agency.

 

Things like this don't usually happen to anyone. Because companies are honest and pay the agency. But like Emmzi, I am not sure why you have asked because you appear to want to do what you had already decided to do, and just have someone tell you it is ok. It isn't. The company are dishonest and now they have made you dishonest too.