After losing my job due to covid and not being able to report in sick every day… I was terminated.
I took an agency job to keep me going. Last week (after 6 weeks) things turned nasty. I was accused of calling a FLT driver incompetent which I didn’t and more… I resigned over the phone. I don’t whether it was the right thing to do but now I’ve received no wages or any communication.
My understanding is that one by law receives wages up to the day of resignation. Interested in hearing from any other folk who have had such experiences. Had an interview today and hopefully start a new job on Monday.
You have to be paid for the work you have done plus if you get holiday pay with the agency anything that has been built up (probably not with agency though).
Even if you walked off shift an hour after starting they have to pay you that hour you worked.
Did you fill in all the required paperwork before leaving? Normally our lot need us to sign the timesheet and then also sign and return the invoice from the agency before the driver is paid. I have a deep seated hatred of agency’s and how a lot (not all) treat their staff.
Send them a Recorded letter telling them how much you are due and that you expect it on the next pay run or by cheque. If nothing heard back you can take it further but chances are you will receive the money.
trucktruck86:
You have to be paid for the work you have done…
Much appreciate your reply. “have to” is a loose term. My experience of agency work a few years ago is they do as they like as one is effectively zero hours contract. There is little one can do other than attempting a ‘small courts claim’ and that still costs you. If one has an agency who is a member of the REC then as a professional union they will support you. OF COURSE… few belong to the REC for good reasons namely they can set their own precedent.
The job started fine and I enjoyed it until last Monday when I had to cover for another driver offsick and had to do… perform miracles to get the work done. Then things got sour at this firm with the FLT.
Small claims court is simple.
Chances are the agency won’t even turn up.
Cost of the claim will be awarded to you when you win
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Monkey241:
Small claims court is simple.
Chances are the agency won’t even turn up.
Cost of the claim will be awarded to you when you win
Sent from my SM-N960F using Tapatalk
No need to go to court, have a look at money claim online gov.uk/make-money-claim and have a look at this to work out what holiday pay you are owed…
gov.uk/calculate-your-holiday-entitlement
And to be fair, MOST fork lift drivers are indeed incompetent.
shullbit:
And to be fair, MOST fork lift drivers are indeed incompetent.
In pallet freight work I must say some are very skilled practitioners… but now I remember my first rigid job a guy managed to skewer the front o/s tyre with a fork when he is supposed to be loading the back.
Having companies drop you or telling the agency you’re not going back is par of the course, do the agency should be used to it.
Would see if the agency pays up on the usual day, and if not drop them a friendly email asking if they can settle up for the week ending x.
Its only when they don’t return emails etc that I would get a little more pressing as it could be their accounts don’t know you were still there. Plus it looks better from a small claims point of view.
But yes they do owe you for work done. This of course assumes you were PAYE not umbrella or Ltd, in which case it could get complicated.
trevHCS:
Having companies drop you or telling the agency you’re not going back is par of the course, do the agency should be used to it.
Would see if the agency pays up on the usual day, and if not drop them a friendly email asking if they can settle up for the week ending x.
Its only when they don’t return emails etc that I would get a little more pressing as it could be their accounts don’t know you were still there. Plus it looks better from a small claims point of view.
But yes they do owe you for work done. This of course assumes you were PAYE not umbrella or Ltd, in which case it could get complicated.
Thanks for the advice.
I have now sent a letter (recorded) that is friendly in tone. I think they just see if they can get away with it.
Last time I worked agency I didn’t get holiday pay but they were a member of the REC… coughed up pretty quick then - “You only had to ask” she said on the phone. That was about £600 and it was money I desperately needed for my dog’s operation.
I vowed never to work for an agency again but this agency have 7 units and run a haulage business on the side. I enjoyed the work until this particular location.
Starting another job on Thu this week so hopefully all for the best but then I have still lost out on 2 weeks earnings. At least now I get Tue and Wed off which suits me - Mon to Fri is a pain as one can only shop on a Sat morning. Tramping is demanding enough I find.
jessejazza:
trevHCS:
Having companies drop you or telling the agency you’re not going back is par of the course, do the agency should be used to it.
Would see if the agency pays up on the usual day, and if not drop them a friendly email asking if they can settle up for the week ending x.
Its only when they don’t return emails etc that I would get a little more pressing as it could be their accounts don’t know you were still there. Plus it looks better from a small claims point of view.
But yes they do owe you for work done. This of course assumes you were PAYE not umbrella or Ltd, in which case it could get complicated.
Thanks for the advice.
I have now sent a letter (recorded) that is friendly in tone. I think they just see if they can get away with it.
Last time I worked agency I didn’t get holiday pay but they were a member of the REC… coughed up pretty quick then - “You only had to ask” she said on the phone. That was about £600 and it was money I desperately needed for my dog’s operation.
I vowed never to work for an agency again but this agency have 7 units and run a haulage business on the side. I enjoyed the work until this particular location.
Starting another job on Thu this week so hopefully all for the best but then I have still lost out on 2 weeks earnings. At least now I get Tue and Wed off which suits me - Mon to Fri is a pain as one can only shop on a Sat morning. Tramping is demanding enough I find.
As the court date draws near and muck is thrown at you:
- accused of incompetence hit a re-cycling bag going round a building - NO the driver in front of me hit the bag but the company he works for will not admit to it.
- I avoided a collision. A truck overtook me in pouring rain and ‘lane wandered’, hit the mirror and then didn’t stop. So deducted the cost of the mirror. I should be a competent driver - let him hit the truck then call the police. Lane wandering and then not stopping after an incident are serious offences.
So much for ‘having to pay’ wages.
My understanding is that it would be an ‘unlawful deduction of wages’, which can be pursued at the employment tribunal. You have to go through ACAS first. Once they get their lawyer involved he/she would probably advise them to pay up, because his/her time on the matter (hearing etc) would outweigh the amount claimed. It is probably the case that the person you have been dealing with is just winging it and bluffing basically, whereas if a case is submitted to ACAS it would focus the mind a bit more.
I would think almost certainly they would be laughed out of the place if they started bringing up disciplinary issues, because it wouldn’t be what the tribunal was convened to decide on. It would be ruled irrelevant and no evidence would be heard on it (in my opinion). The most likely outcome would be settlement before a hearing. I would demand more to settle than your are owed if you have already spent time on it.
Just remembered that there may be a 3 month rule regarding employment tribunal cases involving unpaid wages, where a case must be lodged at least with ACAS in that time. Would be worth checking that out and doing it in time if anyone is considering submitting a case.
jessejazza:
As the court date draws near and muck is thrown at you:
Those would be irrelevant to a court case and pretty sure a judge would just sigh at them trying to use those to fail to pay wages. From what I’ve seen of them, they know when people are trying to pull a fast one…or six.
You weren’t fired over those so just let them dig a hole (it helps your case) and it should cost them the wages, plus court fee plus possibly some of your costs.
Btw, I wouldn’t bother responding to anything they send like that. Anything which is sent should be done so in writing so they can’t claim “they agreed to x on the phone”.
Btw, if they suddenly decide to settle, make sure they pay the money plus your court costs to you then inform the court. Otherwise you’d have to get court baliffs which costs you and that takes both time and hassle. Plus thry can try all sorts of slippy tactics to get around paying.
The joys of scamming agencies…
shullbit:
And to be fair, MOST fork lift drivers are indeed incompetent.
Hey wait a minute I don’t think I am that incompetent. most of the time.
Jaykun85:
shullbit:
And to be fair, MOST fork lift drivers are indeed incompetent.
Hey wait a minute I don’t think I am that incompetent. most of the time.
So it is agreed My Lord, my learned friends that forklift drivers are indeed incompetent, some of the time! 
Been here before,
I was on agency and was told I had to accept a full-time offer or leave, I opted for the offer - I had a probationary period of 4 weeks, my manager changed to someone I didn’t get on with, so I gave notice and left within the week. They were supposed to pay me, but thought [zb]ing me about was funnier. Long story short, gave them an ultimatum to pay me what was owed by midday Friday or face small claims, I got told they posted a cheque! Went to Court filled in the form and paid the £90. 6 months later with constant attempts by them to settle, I won my case totally, plus 7% per day on the amount owed walked away with over 7k tax-free and they got a CCJ!
The offence is “Failure to make a guaranteed payment” under the Employees Rights Act - No employer can withhold payment to you, if they are claiming you owe them money then they can bill you with the evidence and let the lawyers sort it. Making allegations to support their actions is not uncommon and the Judge is more likely to side with you if you can prove or get a colleague to give you a statement rebutting their claims i.e. they lied.
All companies hate a CCJ - they will even approach you before the hearing and offer you a cheque - don’t take it, if you can support your claim - you will likely walk away with more, they will have to pay to remove the CCJ and it will affect their ability to trade, oh and publicize the fact you are taking them to court as nonpayers - see their trade drop to nothing as customer walk away.
trevHCS:
jessejazza:
As the court date draws near and muck is thrown at you:
Those would be irrelevant to a court case and pretty sure a judge would just sigh at them trying to use those to fail to pay wages. From what I’ve seen of them, they know when people are trying to pull a fast one…or six.
You weren’t fired over those so just let them dig a hole (it helps your case) and it should cost them the wages, plus court fee plus possibly some of your costs.
Btw, I wouldn’t bother responding to anything they send like that. Anything which is sent should be done so in writing so they can’t claim “they agreed to x on the phone”.
Btw, if they suddenly decide to settle, make sure they pay the money plus your court costs to you then inform the court. Otherwise you’d have to get court baliffs which costs you and that takes both time and hassle. Plus thry can try all sorts of slippy tactics to get around paying.
The joys of scamming agencies…
Thank you for your post and others who contributed. Most of what you said has turned out correct.
He simply refused to pay wages when I resigned.
Only when I actually made the claim did he respond. With as you’ve mentioned loads of [zb].
- an email typed up in the office claiming a customer had written concerning my competence at reversing (I had to do a blind reverse onto a loading area painted in faded pink paint which I couldn’t see in the sun and also negotiated a tractor and trailer that arrived… then pulled forward after the tractor had gone and did a good side reverse onto the parking area.)
- driving mirror damaged after I avoided a collision with a clown who overtook me and brushed my o/s mirror. I saved him a collision and potential cost due to sharp braking.
- (my resignation took place 4 weeks later after I had hassle with this forklift driver and recycling bags. Recycling bags have to be packed leaning inwards before strapping should anyone have the misfortune of doing such work. Seldom will a forklift driver nudge the bags inwards which leaves one with a problem… they always move I’ve found.)
End of the 2nd week I went to the truck Mon morning to find that the trailer had one NEW tyre and 5 flatted tyres. That evening I was instructed to take it to the trailer rental firm and have 5 part worns fitted. The tyres were not illegal. HOW on earth does one get 5 flatted tyres? The trailer went out at the weekend and I guess the other driver pushed in the shunter button as well as the trailer brake - resulting in all brakes coming on and presumably one tyre exploding. Or the air tank or brake chamber went which once air expelled would cause the brakes to come on - HE DECIDED I SHOULD PAY FOR 5 TYRES DUE TO THE EXPENSE. I was not pulling that trailer that weekend.
Court was a CVP hearing… thankfully I connected on the phone - I wondered if it would work! He claimed this was expense incurred due to my negligence. It was covered in the contract… NO I would never sign such a thing. IF there was a fuel leak and the truck caught fire one would be liable for huge sums of money.
One has to submit a ‘court bundle’ and I requested the trailer tracker info and the tyre fitter receipt - each of which would provide evidence of where and what time the tyre was replaced and thus clearly not when I was driving. As I said a new tyre does not drop from heaven and get fitted by an angel… the judge quite liked that quib. He demanded the contract and the tyre fitter receipt. These were not provided. He ended the hearing with comments about agency work. No driver is liable for mechanical failure of unit and trailer.
As you say he did try an out of court settlement - wrote a long email and “held out an olive branch”… I should pay 50% of the costs. LOL - I was NOT driving at the weekend.
I got the full payment but due to covid it took 11 months. Only plus is that one is paid GROSS as it is a court settlement (so no tax and NI paid). An unpleasant experience to go through but you are right the judge is aware of employer tricks.
All the agency have gained is a CCJ which hopefully other drivers may check up on before joining and should he try such things again the court will be aware.