Not been paid - suspicious employer

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Mobile Spray Tan
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Not been paid - suspicious employer

Postby Mobile Spray Tan » Sun Dec 22, 2019 3:34 pm

Hi there, hope you’re all well?

I wanted some advice please if possible, as I’m at my wits end.

I got a call from an agency in November, regarding a job I applied for as an office manager. The recruiter arranged the interview and I met with the company and had an interview with A&B, discussed the role, and they asked me what I was looking for - I said similar to my previous role, £35k.

The following week, the recruiter called me and said that they were really keen on getting me on board, I advised the recruiter that following another interview I had been offered the position, which was paying £36k, with free parking.

I liked the role that however and I advised the recruiter that I’d be happy to take it, however that they would need to match my current offer, and provide parking (£5 a day).

The recruiter went back to them and they said they couldn’t match £36k but was happy to review after a month and offered to pay for my parking with a salary or £35k.

I then had a call from A from the said company who said that he can’t get hold of the recruiter, but he would obviously let him know that he has offered me the position.

I then received an email from the company confirming that my 2 weeks trial would start on the 2nd December and finish on the 13th December, to which we would both see whether it would work.

I started on the 2nd, was really messed about as my starting time was 8.00am and often the MD would turn up at 9.30, and another day at 8.35 leaving me to wait outside in the cold! He had an attitude of it’s not he’s problem!

I had to hound a bit towards the end of the trial, as thought we were all happy with each other and needed to discuss when I’m getting paid, and whether a full time contract could be offered.

He was never very interested in discussing anything, and I even asked a few time’s would be like my P45, NI number etc. Just weird!!!

I noticed in the weeks I worked for them (they use about 30 freelancers on regular projects) who invoice weekly and are paid weekly, and my first week much spent on them complaining that they hadn’t been paid, when I advised my MD that staff are unhappy he did not really care and had an attitude of ill pay them when I’m ready. All I could do was sympathise with them as I know this is wrong.

Anyway, 5 mins before I am due to leave on Friday 13th (end of my trial) he comes into the office (shared 3) and says we are happy with you, there’s a lot of things you’ve done in a short amount of time and we would love to have you, I agreed that there would be a lot of change needed, and he agreed. I then asked him about pay and said will we get paid before Christmas (I ask because I’m worried about he’s financial status) and he said yes absolutely, come in next week and we will pay you for 3 weeks. He also apologised and said sorry he’s been so busy he hasn’t done the contract today.

I went home and then thought that if I’m not a permanent member of staff, I should be paid for the whole of December (they closed on Friday 20th) and I should also be paid for bank holidays in turn. So whatsapped him my net and gross (being £35k, monthly salary), he did not even acknowledge.

I then went into work last week, and said to him a few times was the figures ok and do you need anything else from me, he always brushed me off with he’s busy, can we discuss later (which never happened).

Last week I was getting quite nervous as he did not ask me for my P45, etc. Friday (just fine came) and again I said I’ve given you the figures, him and colleague said you weren’t on £35k, we agreed with Recruiter that it’s £32k. I fair absolutely no way, this is not what was agreed, and I’ll be calling the recruiter later.

I again advised I have bills to pay and it’s on top of Christmas, and I would really appreciate a payment, as you promised, before Christmas. He said no problem me and B will need to go through the figures and we will confirm the amount later.

I heard nothing and messaged MD yesterday and he wrote me a lengthy email stating that the trial was extended to week 3 (which is a lie) and that they would pay me for 3 weeks plus my parking but only if I issue them with an invoice, in shock I replied that I’m not self employed, never have been, and this was wrong on all levels.

He sent me a gross figure of 3 weeks work (£32k) and if I reply back to the email confirming that I will send an invoice that he will pay me pre Christmas.

I replied I’m really unhappy and that they have lied and no mention of an extended trial, I also mentioned I have an email confirming only a 2 week trial from the 02-13th December and it’s now the 20th. He said if there are any queries or disputes that they will not pay me and I can speak to their solicitor when they reopen on 6th January.

In complete desperation, and may I add, no job to start in January, I had to go online and create an invoice, as I have a child to feed and have also spent my own money on parking, they emailed me what they want on the invoice, I am responsible for all tax and NI for this payment, and he also wanted me to state on the invoice that this payment is in full and no other payments are due.

I sent this to him yesterday, still no payment. I stressed to him the least they can do is pay me so I can spend the weekend paying bills and getting shopping, but he then replied I understand you have a mouth to feed but I also have a business to run! I was very tearful yesterday. I feel like I’ve been completely bullied.

I then rung the recruiter who was really rude to me and said that me & company had gone behind he’s back, as the company said that I didn’t even start!!!!

I’ve messaged him today, yet again, asking for when payment will be made.
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Re: Not been paid - suspicious employer

Postby chorister » Sun Dec 22, 2019 5:18 pm

This is absolutely awful and my heart goes out to you.

I suggest first of all that, however hard it is, you give up on ever working for this company.  Also post full details here so that no one else is treated the same way.  Keep copies of ALL emails, messages, your post above, if possible write up notes of phone calls etc and contact the Citizens Advice Bureau to see how you can best recover what is owed to you.

This may also help ... -regulated if the recruitment agency is regulated - the employer may well also owe them.

Very best of luck.
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Re: Not been paid - suspicious employer

Postby Simvalley » Wed Jan 08, 2020 7:27 am

absolutely appalling! Please post full details of the company, they need to be named and shamed. 

Good luck and stay strong x
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Re: Not been paid - suspicious employer

Postby carofg » Mon Jan 13, 2020 6:52 am

Have you called ACAS?
They are usually very helpful in situations like this.
Have you thought about small claims court too?
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Re: Not been paid - suspicious employer

Postby Needcoffeenow » Mon Jan 13, 2020 9:11 am

Our grownup son was in similar position recently. He went to a solicitor as the amount owed was a couple of months. Crucially they said he had to write formally to the company setting out the amount owed, that NI and pension needed also to be dealt with and make clear in the letter that he was in dispute with them about it. This got results and although it took a while, all the money was paid in the end. The recruiters are liable as ‘agents’ I believe so you need to include their role and copy them in. But for the amount you are owed it is probably worth getting proper legal advice anyway, and make it clear in your letter that your solicitors will contact them if no action. Small Claims isn’t much use these days as you need to pay the cost of recovering the money even when the judgement is in your favour.
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