Charlie_Boy

The other half, not being too bright totally forgot that she was entitled to a shift allowance, she has it in her signed contract but no record on her pay slips for almost a year, her agency are now refusing to pay, as she has been allocated a new agency to work from (same job, same place though). Where does she stand with this?

P1Fanatic

If its stated in her contract and she has proof that she has done the hours that require a shift allowance then I should think they dont have a leg to stand on. But hey I am no solicitor.

Simon.

Charlie_Boy

Well, she is trying to find out if the company had paid the agency the money, in which case she is owed, otherwise she has been told to forget it. I've told her to not accept this, she has a signed contract from the agency clearly stating she is entitled to an additional 10% shift allowance on top of her basic pay.

Jiggerypokery

If she had been allocated to work the shifts, and received normal payment for the shift work, then surely that all the proof that is needed, and she's owed +10%.

Alpine99

Calculate and send in a bill..

If not paid follow up with court action.. Don't let them get away with it.. The contract is with them regardless of if the client paid..

IanF

If it states in her contract that she is to be paid the shift allowance then they are in breach of contract and have made an illegal deduction.

Agency will be liable to pay her backpay and interest. Threaten court action, agency will talk to their legal team and will soon cough up.

Has nothing to do with what the employing company paid the agency as her contract is with the agency.

IanF

Charlie_Boy

thanks everyone.

paulr

Cant you go to the small claims court.Just the threatmight push them into paying up.