Underpaid by agency!

[Mummysboy2014]

Hi

On behalf of my partner who is aware I'm looking for advice for him.

He is employed by an agency and has a contract with them for £9 a hour.
The company who pay the agency pay them £9 a hour, after 40hours of work it goes up to £12 a hour.

My partner is a HGV driver and by law is not allowed to work no longer then 90 hours per 2 weeks.

From the 17/09/2014 all wage slips from the agency show that they pay him £7.28 per hour regardless of his contract of £9 per hour.

I am wondering how he goes about to claim the differences as I have roughly estimated it to be around £1919.00 he is owed due to the shortfall of his wage.

What are his rights and working legislations regarding this situation

Thank you
Lisa

Sent from my iPad

But is the £9 gross and the £7.28 the net pay.

As the pp said, the £7.28 ph might be what's left after tax, NI & any other deductions.

Has your DP questioned it with the agency?

Deargirl

It just says basic pay 7.28 so I'm assuming that's his pay per hour

His net pay is £375.62 and that's 50 hours and a half

This is his wage slip obviously I've covered up his details

Probably see this image better

It looks like the agency have been paid the higher rates, then they have deducted the employer NIC, and their margin of 20% before actually paying your DP.

Does he have a copy of the contract he signed with the agency? There could be some confusion (or something in the small print) about the headline rates being subject to these deductions. As it is, they are paying him minimum wage plus a little bit for 'holiday' pay.

has your dp recently moved to an umbrella company rather than the agency paying direct? The £20 company margin looks like a flat rate fee paid for using an umbrella company, I would however query the employer ni charge on the pay slip also are the expenses shown direct out of pocket expenses reclaimed on receipts or are they subsistence expenses?

He said he has got a contract with them stating the £9 a hour. He said he thinks the agency and himself signed it.

He is very peed off about it as I suppose anyone wouldbe just looking on the Internet there's £10 a hour jobs for class 2 HGV drivers. And his getting a measly £7.28 to what he should be getting. And he only realised it because I just noticed it on all his wage slips.

And also one week the agency paid him for 27 hours form the 4-9th January even though his guarenteed pay for 8 hours even if he does finish early, the company he works for can prove he done a 50 hour week with them that week so they are even saying the pay my partner is getting is wrong too

To be honest I don't understand the expenses part as he has been putting his expenses in each in week so don't see why that is on there.

My partner said he was told that if he puts in a an expenses form in each week it helps reduce his tax?? I don't have no idea how I
Agencies work as I'm employed through a company direct and I'm on maternity atm.

It does have umbrella on the wage slip

I would fish out his contract and his wage slips and take them to citizens advice. Either way they look like a bunch of shysters, I would be looking for something else most deffinitely

When I seen it I was like u might as well be a leaner lol no offence to anyone but I'm sure cleaners got that kind of pay.

Like his a HGV driver class 2 driving long distances etc.

I couldn't believe it when I noticed it I was like wtf and he was most definitely peed off to say the least.

He is actually being employed by the company themselves from Monday which is a good thing I suppose.

But I'm just thinking is he able to claim back this underpayment for the last 19 weeks I bloody hope so

It sounds like he is working for an umbrella company, the expenses form part of the pay and I think you get tax relief on the expenses part of it. He will be working for an agency but paid through the umbrella company as their employee, I think that is how it works. I worked for an agency like this and my pay was £9 an hour, but my basic pay was less on the payslip, but the expenses and basic pay did add up to about £9 an hour. Holiday pay was on top of this. I also had a fee on my payslip where the umbrella company charged me for this.

I thought I would get the expenses on top of the £9 but was miffed to see it was included, so didn't gain as I don't earn enough to pay tax to get the tax relief.

I would probably google the umbrella company that is paying him, it won't be the same as the agency he signed his contract with, I did this and found it did explain much more how it is worked out. I found it all quite complicated, I don't think they want to make it easy to understand but the expenses definitely formed part of the pay, not on top. My basic was also £6.50ph (NMW) which I see his is.

Thank you we will definitely be looking in to this umbrella business and his actual contract