Employment business or agency...whats the dif?

[mailmannz]

Im in an arguement with some sharks (shall I name them?) who are argueing that in regards to the agency regs that they are not an employment business therefore the regulations do not apply to them.

The importance of this is that the sharks have seen fit to with hold payment for services Ive provided to the client.

Now...what is the difference between an employment business and an employment agency?

I have engaged a solicitor to deal with this but I also wanted to get a grasp of what your thoughts are as well.

Regards

Mailman

[mailmannz]

HAHAHAAA! Trying to say they arent an employment business!!!

An employment business is a business that provides a contractor that works under the control of the client.

my contract reads:

"The consultant supplied will work under the direct control of the client and to the methods and documentation standards required by the client"

Im sorry...you are the weakest Link. Good bye!!!

Oh...have I read it right?

Mailman

[mailmannz]

Mal,

I have reported them to the DTI and they have written a letter explaining that the sharks are in the wrong.

I am about to write another follow up letter and shall include copies of all the correspondence (in 6 months Ive received 2 letters from the bastards!) and urging the DTI to take further action.

You know...the real pitty is that the Agency Regs only make with holding payment a civil offence.

However...they did argue that its the Employment Act 1973 that should apply...funny thing is...the Employment Act makes with holding payment a criminal offence :rollin

I also doubt these guys are incompetent. They have been in the business long enough not to be useless. I believe they are being blatantly malicious by forcing my legal expenses up and hoping I give up because I cant afford to fight any further.

Well unfortunately for them...its a matter of principle now. They have something of mine that they are not legally entitled to and I want it back! :rollin

Watch for my website where I will document this affair in detail..coming soon

Mailman

[malvolio]

If they were acting as an Employment business in relation to your work then they cannot refuse to pay you. That is why they are saying they are not. As to whether they actually are or are not acting as one, that is why you need legal advice!

If you have any concerns that they are being malicious (as opposed to merely incompetent, whic is more likely!), then report them to the DTI - there's a complaints procedure on their website.

[malvolio]

Another victory for the little guy...

If it comes out right (actually, even if it doesn't), make sure the press get to hear about it!

Good luck.

[mailmannz]

Re: Another victory for the little guy...

Well we have reached a settlement. Im now getting my money back and they are reviewing their contracts to make sure they are inline with the current regs.

It was a dirty little fight with the f*ckers trying to claim they gave me training and sh1t like that. Exactly what training they keep going on about is a mystery :rollin

Anywho...just waiting for lawyers to sort out final provisions and once done I will document everything and whack it on the net.

Let it be said though...you guys have no idea how much you could have owed me :lol

Mailman

[mailmannz]

Re: Another victory for the little guy...

Just heard the opposition lawyers have signed off the Tomlin Order and now waiting for the court to seal it. Once done I shall blab long and loud about my experience a dodgy agent since August last year (there is no gag clause in the order :rollin ).

Mailman