I’ve hit somewhat of a problem (or a gate in this instance). I’m signed up to a couple of agencies but one in particular is a small relativity unknown just a guy doing it off his own back so to speak. I worked one 13 hour day for them on a rolo and sods law I had a ding.
It was a tight yard, early morning and I clipped the gate on the way out. I stopped had a look at the damage it wasn’t that bad, I knocked a clip off the easy sheet arm on the wagon and bent the gate. the TM came out and said “it’s fine, as long as nobody got hurt” I checked the gate and it it still closed and I was still able to lock and chain the thing closed. all you needed was a hammer to straighten one of the bars out. we’re not talking about a new gate here this thing was old as the hills and rusted to bits
now the guy I was working for (agency) has turned around and said they have refused to pay me because of the damage to the gate (£3000 apparently) all covered by insurance but their not paying me because of the excess on that insurance is £1500.
So my question is. Can an employer/agency refuse to pay me over damages which are covered by insurance?
As far as I’m aware they can’t legally with-hold money without your permission, you need to check that the contract you singed with the agency didn’t give them permission in the small print.
I am a little confused about this accident to be honest, you describe the damage as “not that bad” and say a clip of some description was knocked off the truck and one bar was bent on the gate, yet the agency is claiming the repair cost to be £3000
Someone’s not telling the truth because the damage you describe wouldn’t cost £3000 to put right, so either you’re not describing the damage correctly or the agency is trying it on
Just been down there to take photos and ask questions and they’ve already fixed both the fence and the truck 20 pound in total to fix. 18 for the fence bar and 2 quid for the bolt on the clip
So I’m not sure what the agency is on about 3000 quid I think they might be trying to pull a fast one.
The only predicament I’m in is I never signed any paperwork for him because I joined the Friday afternoon and worked the sarurday morning. So we didn’t get a chance to sign anything. So I suppose the moral here is never work unless you sign a contract.
Send a letter by recorded delivery demanding payment in 14 days if not you take him to small claims court. What he has done is totally illegal:mrgreen::mrgreen::mrgreen:
