Would i be shooting myself in the foot if...

[matlee]

I started legal proceedings to receive payments from an agency which theyve with held from me?

Quick bit of background...the company i was doing work for went bust. This then made me unable to get anyone to sign my timesheets. The agency that i work through are saying they wont pay out as i dont have a signature on the time sheets.

Ive spoken to ACAS and they have said that as long as i can prove i did the work (which i can with numerous dated photographs, emails, reports etc) then i am entitled to be paid. Its gone on for a few months now and im tempted to start proceedings to possibley get this money. The only thing that is putting me off at the moment is that this agency has gotten me a lot of work the last couple of years and have always been spot on. So i was thinking that if i go ahead with things they may not view this very well and not bother getting me future work.

Has anybody got any views or advice on this situation?

[STW2010]

Send a recorded letter requesting payment in full within 7 days, and refer to the evidence. Obviously, state in your letter how the letter proves that you did the work, and that you have taken legal advice and enclose copies of the evidence. State that failure to pay will result in small claims action.

If they fail to make the payment then either give them further notice (equal to or less than previous notice) or just go straight to small claims. The legal bods on here might be able to advise on whether you must give them more than one chance or not.

Send all mail by recorded delivery.

As far as I'm concerned, the fact the company went bust is not your problem. The agency must pay you.

Edit to add about burning your bridges with this agency. This has gone for months (which is far too long- a week or two at the most would be understandable), and so doesn't sound like an agency that is worth sticking with. I would do the above without hesitation, as without action being taken/threatened against them they will not pay.

Edited by STW2010 on Wednesday 24th April 20:08

[matlee]

Thanks for the quick reply and advice.

The agent that i deal with is having a meeting with his directors (they are the ones refusing the payment at the moment) about it tomorrow morning. So based on what the outcome is of that will determine my next steps.

[pboyd]

STW2010 said:

Send a recorded letter requesting payment in full within 7 days, and refer to the evidence. Obviously, state in your letter how the letter proves that you did the work, and that you have taken legal advice and enclose copies of the evidence. State that failure to pay will result in small claims action.

If they fail to make the payment then either give them further notice (equal to or less than previous notice) or just go straight to small claims. The legal bods on here might be able to advise on whether you must give them more than one chance or not.

Send all mail by recorded delivery.

As far as I'm concerned, the fact the company went bust is not your problem. The agency must pay you.

Edit to add about burning your bridges with this agency. This has gone for months (which is far too long- a week or two at the most would be understandable), and so doesn't sound like an agency that is worth sticking with. I would do the above without hesitation, as without action being taken/threatened against them they will not pay.

Edited by STW2010 on Wednesday 24th April 20:08

Tribunal, not small claims

[STW2010]

pboyd said:

Tribunal, not small claims

I stand corrected.

[mondeoman]

STW2010 said:

pboyd said:

Tribunal, not small claims

I stand corrected.

Why Tribunal? Its not about employment, its about an agency not paying in accordance with a contract, so Small Claims would be right. or have I missed something?

[edc]

If OP was PAYE with the agency and their employee then it may be deemed as unlawful deduction of wages and dealt with by a Tribunal.