Mice_Elf

Any employment law specialists on SN?

Basic details :

Employee is PAYE, employed by Company A, on contract to Company B
Employee is given a renewed contract through the agency (C), knocking out company A.
Company A gets wind of this and creates.
Employee goes back to working the contract under Company A for Company B, through the agency.
(Basically Agency employ Company A to work at Company B)
Employee negotiates a rise as per the renewed contract rates.
Company A agrees.
Contract is not signed, simply a verbal agreement.
Company A then decides to remove X amount for "taxes and stuff".
Employee agrees to this.
Employee puts in a time sheet expecting to be paid 16 days @ £X
Employee is finally paid for 18 days @ £X-Y
(Company A admits the 18 days is a mistake and will remove money from subsequent paycheque as a result)
Y is an unknown deduction.
Have asked Company A about deductions and apparently these are "taxes" again.
This deduction was not agreed or discussed.
Hitherto Employee and Company A have agreed rates at after-tax amounts.
Company A is now claiming that £X rate was a pre-tax rate, even though this was never agreed to or discussed.
Employee has not received a payslip since July of this year.

Contract is renewed (again verbally) for a 2nd month
Company A whinges that rate is too high so will now pay Employee at W rate.
W rate works out to be less than original rate before the new contracts started.

Where does Employee stand? And what can they do?

Mice_Elf

No one any ideas on what we can do?

ProperCharlie

tbh it's very difficult to work out what all that means. is there any way that you can simplify the situation for the benefit of persons who have had more than 5 pints of stella?

NotoriousREV

All I can tell you is that Company A is legally obliged to give the employee a wageslip and that the company has no right to deduct any monies other than income tax and NI or in the case of some retail jobs, up to 10% for breakages/losses.

ProperCharlie

afaicwo the basic problem is that the employee does not have a written agreement as to what rate they will be paid. but what rev says about deductions is right, providing that the work isn't undertaken under a sub-contract arrangement.

Mice_Elf

Basically Employee is being royally screwed by his boss who takes whatever money he thinks he wants and pays Employee the rest.

There is no official contract that has been signed. Unfortunately all rate agreements were verbal, although we do have people in the meeting between the Employee, Company A and Company B who can verify what was said.

However, Company B aren't that willing to get involved. As far as they're concerned, they're getting the work done and aren't that fussed what the worker is getting paid.

The Agency are similar. They're paying the money to Employee's boss and aren't fussed what the Employee is getting.

So...in a nutshell....where do we go from here?

NotoriousREV

Honestly, it's that complicated I wouldn't take advice off anyone other than a qualified employment law solicitor.

andydavies

So...in a nutshell....where do we go from here?[/QUOTE]

Try contacting citizens advice, they were quite helpful when my wife was made redundant and redundancy money was not correct. They put us in touch with AKAS. Eventually they paid before the court case occured.
Andy

fast bloke

seems that employee should bring the ky as they are about to be f****d up the a**e. - if it aint in writing it was never discussed