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nel
17th June 2013, 13:59
My umbrella owes me 2 weeks pay £900 and my contract with the agency above them has expired. The agency hasn't paid the umbrella hence I haven't been paid. The agency lie and say the 2 invoices will be paid next week but that never happens despite being chased. The debt is outstanding for a couple of months. Who do I take to a small claims court? Would it me buried in the umbrella T&C they don't pay if they haven't been paid? This must happen often where the umbrella doesn't get paid buy a dishonest agency, what legal recourse is there please?

TheFaQQer
17th June 2013, 14:16
Who do I take to a small claims court?
Your employer


Would it me buried in the umbrella T&C they don't pay if they haven't been paid?
Possibly, but no-one here will be able to tell you without seeing the contract.


This must happen often where the umbrella doesn't get paid buy a dishonest agency, what legal recourse is there please?
Talk to your employer? Employment tribunal? Small claims court?

northernladuk
17th June 2013, 14:27
Speak to your Umbrella, they are your employer. I would have thought it was in their interest to get this sorted as well, and indeed the agent as everyone is losing a cut. That is, unless the agent is lying and has it in their pocket, which I find hard to believe.

Try and get it in writing that the agent will be passing the money on. That way they can't turn around later and say they haven't been paid or anything.
Speak to your umbrella and see what their take on it is.

Read your contract word by word to see what it says about non payment and should you not understand ask the brolly. They are your employer so they should be sorting this out.

LisaContractorUmbrella
17th June 2013, 15:01
Was there an opt-out in the contract that the umbrella company signed with the recruitment agency?

You should find that the umbrella company will have their own debt collection procedures in place - do you know what they have done so far to try and recover the debt?