culina probably refused to pay the agency and the agency will have to bend over and take it. I don’t think the agency can stop what’s owed to you.
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Just remind them that your contract (with a small ‘c’) was with them…the agency.
If Culina refuse to pay the agency that’s their problem, not yours.
It’s their duty to pay you then take it up with Culina for re.imbursement.
It’s like my lot saying to me ‘‘Our customer failed to pay us for all the work you done for them last week Rob, so we can’t pay you your wages’’ .
Answer being, second word ‘‘Off’’ .
You probably know if the agency don’t get paid by the client, that’s not your problem, your contract is with the agency and you fulfilled your part of the agreement and should be paid.
It always amuses me when a stroppy customer flounces out the office and says to me “I’m not paying you for this” their jaw drops when I point out it doesn’t matter what they think I’ll still get paid because of the above.
I’ve has an agency try to pull a fast one for a job I did, albeit shorting me for a measly £0.75/hr, they owe me £27.75. But because the head guy who asked me to do the job and quoted the rate (rounded up to the nearest £) is on hols the girls doing the payroll on Monday rounded it down to “normal rate for that job” leaving me £27.75 short, so on principle I’ll make sure I’ll get it back. Money = Beer/food
Roymondo:
You really are reinforcing all the “agency driver” stereotypes here, EB.
Is that the one where people allow themselves to be ripped off?
Any dispute is between Culina and the agency and does not involve the driver, but the talk of court action is a bit premature. There are various steps to go through first, and a well-worded letter by someone who’s handy with writing laying out the problem and what may ensue is about 99% likely to settle things.
As an aside, what TF has happened with Culina? It used to be about the best job going years ago when they had a place at Market Drayton.
Olog Hai:
Any dispute is between Culina and the agency and does not involve the driver, but the talk of court action is a bit premature. There are various steps to go through first, and a well-worded letter by someone who’s handy with writing laying out the problem and what may ensue is about 99% likely to settle things.As an aside, what TF has happened with Culina? It used to be about the best job going years ago when they had a place at Market Drayton.
Thanks for the tip off 
I don’t know how I’ve got through the last 45 years 
Phone calls made, problem not resolved. Text already sent to confirm intention for agency not to pay me.
Letter will be photo copied and hand delivered Mon morning to manager of agency (also confirmed via text). Letter will be asking for payment by next Friday otherwise court proceedings will ensue.
14 hours owed plus court fee refund, plus day’s lost wages, plus travelling expenses. It’s not my first rodeo fella 
No chief, I imagine with the kind of history that you’ve got, it probably isn’t. Never mind though - perhaps one day you’ll find a job that suits your abilities.
Olog Hai:
No chief, I imagine with the kind of history that you’ve got, it probably isn’t. Never mind though - perhaps one day you’ll find a job that suits your abilities.
I’m currently in talks at the local circus. (Juddian has put a word in for me…) 
The question raised now is this one…
Who would go to court (if needed) to get 14 hours pay, and who would soil themselves, bottle it and not bother?
#worms
eagerbeaver:
Olog Hai:
Any dispute is between Culina and the agency and does not involve the driver, but the talk of court action is a bit premature. There are various steps to go through first, and a well-worded letter by someone who’s handy with writing laying out the problem and what may ensue is about 99% likely to settle things.As an aside, what TF has happened with Culina? It used to be about the best job going years ago when they had a place at Market Drayton.
Thanks for the tip off
I don’t know how I’ve got through the last 45 years
Letter will be photo copied and hand delivered Mon morning to manager of agency (also confirmed via text). Letter will be asking for payment by next Friday otherwise court proceedings will ensue.
14 hours owed plus court fee refund, plus day’s lost wages, plus travelling expenses. It’s not my first rodeo fella
I would imagine that the agency will pay you what they owe you… probably within hours of the agency manager receiving your
hand-delivered letter. Once they see that you are serious about things, they will pay up.
I had a similar case last year, following one of my agency walk-outs…where the agency tried to withhold payment of wages for
the days preceding my walk-out (where there had been no issues and I had done the job right to the letter).
A hand delivered letter to the agency office followed…and as if by magic £284.62 appeared in my bank account later that day!
Good luck Beaver…hope you put the ■■■■■ up 'em and get what is rightfully yours
As for a future career…you could be the “Jeremy Clarkson” of the haulage industry, test driving and reviewing new trucks, whilst
also advising drivers who to work for…and who NOT to work for!
eagerbeaver:
The question raised now is this one…Who would go to court (if needed) to get 14 hours pay, and who would soil themselves, bottle it and not bother?
#worms
Check your Contract of Employment with the agency, hopefully they haven’t covered their arse against this sort of thing, if they haven’t I doubt they can withhold wages, if they have you could be left unpaid.
Call ACAS, also have a look within the Link below for more information.
gov.uk/make-court-claim-for-money
MickM
MTM12:
eagerbeaver:
The question raised now is this one…Who would go to court (if needed) to get 14 hours pay, and who would soil themselves, bottle it and not bother?
#worms
Check your Contract of Employment with the agency, hopefully they haven’t covered their arse against this sort of thing, if they haven’t I doubt they can withhold wages, if they have you could be left unpaid.
Call ACAS, also have a look within the Link below for more information.
gov.uk/make-court-claim-for-money
MickM
Cheers Mick
eagerbeaver:
The question raised now is this one…Who would go to court (if needed) to get 14 hours pay, and who would soil themselves, bottle it and not bother?
#worms
Well according to my old mate Nightline (who is an habitual admirer of mine ) on the 7.5 tonne limit thread I think it was, reckons… I’m ‘‘Getting old and have no balls and backbone anymore’’ 
So best put me in the soil and bottle dept to be on the safe side Beav, I’d hate to upset anybody and cause a fuss mate and rock the boat.
So I’m dropping my kecks and assuming the bending over position with the rest of them as we speak, it’s the new me,.Rob the worm…
robroy:
eagerbeaver:
The question raised now is this one…Who would go to court (if needed) to get 14 hours pay, and who would soil themselves, bottle it and not bother?
#worms
Well according to my old mate Nightline (who is an habitual admirer of mine
So best put me in the soil and bottle dept to be on the safe side Beav, I’d hate to upset anybody and cause a fuss mate and rock the boat.
So I’m dropping my kecks and assuming the bending over position with the rest of them as we speak, it’s the new me,.Rob the worm…
eagerbeaver:
robroy:
eagerbeaver:
The question raised now is this one…Who would go to court (if needed) to get 14 hours pay, and who would soil themselves, bottle it and not bother?
#worms
Well according to my old mate Nightline (who is an habitual admirer of mine
So best put me in the soil and bottle dept to be on the safe side Beav, I’d hate to upset anybody and cause a fuss mate and rock the boat.
So I’m dropping my kecks and assuming the bending over position with the rest of them as we speak, it’s the new me,.Rob the worm…
7.5 was not directed at any one, it was about being an older driver and not taking chances that you might have done when you were younger
It would be called not bothered anymore or don’t need to or what’s the point so it’s a little no balls but it’s a great feeling no pressure
P Stoff:
culina probably refused to pay the agency and the agency will have to bend over and take it. I don’t think the agency can stop what’s owed to you.
Depends on his relationship with the agency - If he’s a PAYE employee then they can’t (legally) withhold his wages. If he’s Ltd/Umbrella then it’s a business contract and he’ll have to go through the Courts to get his money.
Talking of court cases I just won one (well sort of) with Excel parking, upon receiving my witness statement their legal cowboys ‘BW legal’ thought it wise to bottle it and issue a notice of discontinuance.
Not thread related I’m just showing off.
My current legal victory tally stands at:
1 x Industrial Tribunal (I acted for a group and obtained a full settlement, ACAS helped a bit).
2 x Small Claims
3 x Indecent cottaging in a public place offenses.
2 x Acts of being in possession of an offensive wife.
Letter before action is your way forward here Mr Beaver, perhaps a softer letter first though.
simcor:
robroy:
simcor:
Companies have to be seen to be compliant though by DVSA by having proof they take action as a responsible employer. Balderdash with some firms I agree. But they have to show they take it seriously. Whether we like it or not it will only get worse.Ok, but my point was how will a driver (or all of their drivers for that matter) doing 53 mph affect their ‘O’ licence.
The legal limit is 60mph, and the set limit for a limiter is 56, so why would DVSA be even mildly interested in this case of the reason Beav got reprimanded.Rob the vehicles are limited by law to the limiter speed. Simple as that, going over that set speed should not be done. They have to show they take it seriously for the eventualities we have seen recently with poor driving let alone speed being a factor. When bad accidents happen then things like over speeds will be looked into. If everyone in a company is over speeding regularly and a lot and infringements etc. Then things like o licence curtailment are a possibility.
Whether you agree or not makes no difference to me, but when DVSA do an audit they look into everything and enough concerns and they are likely to take action.
The legal limit for a vehicle is 60mph. Governed at 56, he limiter set by a company is not a legal speed. Just because tesco set at 50/52, it doesn’t make it illegal if a driver does 52.0001 … it is not illegal, and DVSA, will not care the slightest. In relation to that.
nsmith1180:
robroy:
So basically you are reiterating what I said…ieAnything over the legal limit, could be a concern for DVSA in terms of an ‘O’ licence.
.
Anything over the limit the individual co sets, which is well under 56 …is not.
That was exactly my point to Simcor.No one knows what the terms of their O-licence are. Maybe they have agreed a voluntary undertaking to restrict their vehicles to 53mph. Maybe its a clause in their insurance. Maybe its Mr Culina on a powertrip. Whichever it is, it doesn’t matter. Its their vehicle, drivers should drive it in the way they are instructed by the owner provided that instruction doesn’t break the law.
It really is quite simple, if you think you know better than the bosses, put your money where your mouth is and put your own on the road. If you ain’t willing to do that, shut up, drive as you are told and make sure you tick all the boxes before you pull away because while they are paying the bills its their call, not yours.
the maoster:
As for The Beaver he differs from me in as much as I prefer to smile whilst sticking a stiletto into the companies ribs whereas he goes for the pool cue to the teeth method! Whatever, at least he possesses cojones and a spine.No he doesn’t, if he had cojones and a spine he would have stood and argued his case rather than the passive aggressive hissyfit of dumping the wagon at the gate and going home.
Was he wrong to take the original load. Yes.
Does he have anyone else to blame. No.
Was he right to refuse to finish the run he was on. No.
Was he right to refuse to do an unpaid assessment. Hell Yes.
The assessment is the only thing about this whole situation that EagerBeaver did right. Everything else is just a catalogue of why he should be ushered out of the industry as fast as humanly possible. Its drivers like Beaver that give the rest of us a bad name.
Are you a yes man, you always seem to defend the employers … jeez the uk did what was right for him, and agency’s don’t give a flying hoot about drivers they are just a means to earn money and be used when required and fobbed off when not.
eagerbeaver:
Been limping over the last few weeks and today I did a shift for Culina, Port Salford. I actually did a shift for them on Saturday and some of the load went over and I was asked to return it to the depot.Went back in yesterday and did 3 drops in the North East with no issues whatsoever. They asked me to come back in this morning (0700 start) which I did, 2 drops- Preston and Bolton. Set off for Preston and I was just approaching the drop (James Hall) when my personal phone rang, so I pulled into the services next door. It was my agency who said that Culina had rang them and noticed from the telematics that I had ’ speeded ’ on a number of occasions yesterday. As a result of a partially shot load on the Saturday and these ’ speeding ’ reports from yesterday’s telematics, they wanted me to do a ’ driving assessment ’ next week for them
I asked the agency lad if it would be paid (not that I would demean myself by doing one anyway
So I explained that he should contact Culina and tell them that only slaves and prisoners should work for free. I then bought a paper, turned the wagon around, and drove it straight back down the motorway and parked it outside the security hut.
I handed the truck keys to the security lad and got in my car and came home for a nice cup of tea. So, what would you lot have done?
7 pages so far. Well, heres my take on it. The day I got that phone call I would have simply carried on with the job I was on. Why not? There is in this situation no threat of working without pay is there? There is no obligation to go and do an assessment if you dont want to, paid or unpaid its not going to affect what youve done, or are doing.
If you dont like the attitude of Culina, or anyone else, then dont do their assessment, dont work for them in the future, I get that, isnt that what agency is all about? But why walk off a job youve already started? That I dont get.
Cmon EB are you such a prima donna that a phone call asking you, (not obliging you) to do summat you dont fancy the following week, really upset you so much?? I never had you down as such a delicate flower, mate.
Would I have done an unpaid assessment for Culina? Well, Ive been in full time work for a long time, and find it interesting reading how agency work is changing and evolving. If I liked Culina and wanted to get lots of shifts for them, I probably would. Id do that to get a perm job, and doing multiple assessments seems to be expected if youre gonna be on agency. Working for agency has ups and downs, and thats one of the downs of agency isnt it? If I didnt much like them, I wouldnt. Excuse my ignorance, but I seem to have read that lots of companies want an assessment drive before approving an agency driver? Have I got that wrong? Does this mean, EB, youre not going to do ANY unpaid assessment drives? Aren`t you limiting where you can work if you follow that through?
So, would I have turned around and taken that truck back? No.
Would I do an unpaid assessment? Maybe.