Being underpaid (again)

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madashell's picture
madashell
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Sep 26 2007 16:49
Being underpaid (again)

Just got my pay slip from last weeks work, for some reason, my agency have taken it upon themselves to reduce my rate of pay by 20%. Being that it's agency work, is there any chance I'm going to be able to get the money back without losing my job?

Mike Harman
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Sep 26 2007 17:48

wtf!

I don't remember exactly how it went last time. I'd call them, say you think you lost a day's pay (20% right?) this week and could they check that out please because your timesheet adds up to five blah blah. See what they have to say about it when you're acting all innocent.

If they say "no, we reduced your pay", then I don't have immediate advice short of torching them. You could try going up their management ladder for a start, following the same general line as before. Does a 20% pay cut take you under minimum wage?

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madashell
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Sep 26 2007 18:38
Mike Harman wrote:
wtf!

Tell me about it roll eyes

Quote:
I don't remember exactly how it went last time. I'd call them, say you think you lost a day's pay (20% right?) this week and could they check that out please because your timesheet adds up to five blah blah. See what they have to say about it when you're acting all innocent.

If they say "no, we reduced your pay", then I don't have immediate advice short of torching them. You could try going up their management ladder for a start, following the same general line as before. Does a 20% pay cut take you under minimum wage?

What they seem to have done is just taken £10 off my daily rate, I should be getting £50 a day before tax, they've paid me £40 a day instead. Which puts me above minimum wage still, but not by much.

Mike Harman
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Sep 26 2007 18:43

Pretend you don't know that. Call them up and say "I think you might have missed a day's work off my pay slip?" gives them a chance to pretend it's a mistake and fix it without any confrontation needed on either side (or it might be a mistake, but they sound like absolute cunts). When you've ascertained their position, then you go up management and think about revenge.

And if it was me I'd look for another job, right now, at the same time.

anna x
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Sep 26 2007 22:03

Agencies are cunts. When I was working in the UK they tried to pull swifty's like this on me and others I was working with all the time. This was labouring mind so I guess they thought that many of the workers weren't in a position to complain. I actually ended up getting a rate rise for me and a couple of my fellow workers at two different agencies by actually making some thinly veiled threats of fucking up the job for the agency if we didn't get better money. Be aware though, you gotta be prepared to follow through if they call your bluff.

All the best
gregg red n black star

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boozemonarchy
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Sep 27 2007 06:42

my god man. i'm sorry to hear that.

I worked as temp for about a year and our timesheets had two carbon copy sheets behind an original. We would fill out our own hours over the payperiod and then have our supervisor at the actual job sign off on it. They would get the last copy, the agency would get the original, and I would get the middle one. When we were notified of the temp job we were gonna take they would always tell us how much we would get paid first. Sorry I rambled, but I guess I'm just asking if they don't do this over your way? If they don't operate like that, that seems just really fucked. If they do, and they did that to you any anyway, thats just really really fucked. I suppose I'd reccomend finding out if there is any other temps at your specific jobsite your at and see if they haved suffered a similar experience. If so, bringing if up together might well give a tad more weight to your bitching.

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madashell
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Sep 30 2007 12:25

Cheers for the advice all, I've spoken to other TAs from this agency about this so I could be sure what's going on before I risked losing my job. As far as I can tell, They've basically cut everyone's pay and told all the new people registering with them that £40 is the going rate. Not so sure how to go from here now.

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Lone Wolf
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Sep 30 2007 18:20
madashell wrote:
Cheers for the advice all, I've spoken to other TAs from this agency about this so I could be sure what's going on before I risked losing my job. As far as I can tell, They've basically cut everyone's pay and told all the new people registering with them that £40 is the going rate. Not so sure how to go from here now.

Further toward revolution comrade of course!! wink

If this is the new low pay for everyone (charming! roll eyes ) then you may have to suck it up..of course they owe you the difference from when you started til the announcement of the change - which they also should have given you notice of..but they haven't even told you formally by the sounds - pricks!! It is good that you have spoken to the others - knowledge is power! At least you know where you stand from now on even tho it is not where you would like to be. sad

Love

LW XX

Mike Harman
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Sep 30 2007 21:56
madashell wrote:
Cheers for the advice all, I've spoken to other TAs from this agency about this so I could be sure what's going on before I risked losing my job. As far as I can tell, They've basically cut everyone's pay and told all the new people registering with them that £40 is the going rate. Not so sure how to go from here now.

I'd still call them up and say, "I seem to have been docked a day's wages, what's going on?" pretending you think it's just you for now. Force them to actually tell you that they've reduced your wages, then request notification of this in writing. Also record the phonecall (should be possible on most mobiles I think, although I've not done it). If they won't notify you in writing, let them know you'll be writing to the managing director (or whoever) to request the same information.

As far as I'm concerned, the fact you've been working on particular wages, and these have been changed without agreement, constitutes a breach of contract. You don't need a fully written contract of employment for the precedent of wages to have been set - surely they agreed your original daily rate at the start? And you have old payslips right?

http://www.thompsons.law.co.uk/ltext/l1170003.htm

Quote:
It is also important to remember that a failure to object to a change of contract such as occurred here, can be deemed to amount to acceptance of the change. It is important to object to such a change and commence unauthorised deduction claims promptly so as not to be accused of affirming the breach of contract.

= get on the phone fucking fast.

If it was me, I'd do this:

1. call them up, force them to show their hand, ask for something in writing, and then request something in writing yourself if they don't send it.
2. start looking for another job
3. get legal advice. CAB is probably your best free bet. I don't know what union you'd come under and I doubt they'd give a shit to be honest. If it's as solid as I think it is - i.e. the deduction is illegal, informing them that you're taking advice can be enough. Also some solicitors will do a half-hour free consultation, but most won't know fuck about employment law.
4. See if anyone else you work with is pissed off enough that they'll fight it as well, try to persuade them if not, explain the risks but also that you'll be much harder to ignore if you go together.

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wraeth
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Oct 2 2007 06:38
madashell wrote:
Just got my pay slip from last weeks work, for some reason, my agency have taken it upon themselves to reduce my rate of pay by 20%. Being that it's agency work, is there any chance I'm going to be able to get the money back without losing my job?

Ach, temp agencies. angry

I agree that getting a new job lined up is good advice. The trouble with agencies is that they can, and do, just get rid of you.

If you can't get it sorted out by talking to them/grievance - you'll need to make an 'unlawful deductions from wages' claim at the Employment Tribunal and if they sack you for doing that, you then have a claim of unfair dismissal for 'assertion of statutory rights' (no qualifying service needed).

Good luck

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madashell
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Oct 3 2007 16:34

Just got my latest pay slip, and my wages have been put back up to the old rate! Nothing from them in writing, or the money they owe me, though. It all seems a bit too easy, to be honest.

Thanks for all the advise smile

Mike Harman
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Oct 3 2007 16:42

Very odd. I'd still call them up and say there was money missing in your last payslip tbh. As long as no change again next week that saves a lot of hassle though!

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Lone Wolf
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Oct 3 2007 18:03

Yeah keep an eye on it as Catch intimates - as they obv. don't know their arse from their elbow. smile

Good day for you today - i guess the Milky Bars are on you. tongue