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[Closed] any employment lawyers here? Will I win?

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deleted - i went off on a tangent about umbrella companies


 
Posted : 21/05/2019 2:24 pm
 ajaj
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If the OP thought that he/she was working for the agency and not Quest then Quest's terms aren't really relevant. You can't arbitrarily contract with someone without their knowledge (with the notable exception of car parking). Although you'd have thought that a payslip would have raised alarm bells. Perhaps it did. Remember the OP's case is against the agency not Quest.


 
Posted : 21/05/2019 3:43 pm
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as skids says,' he hourly rate I was ‘paid’ had dedcutions for their NI contributions and my holiday pay which they had to save up so I could be paid for holidays!', but they said they had already paid holidays
I think the basis is firly obvious- I was promised £10.50 PAYE, was paid much less, , and I want my £1000


 
Posted : 21/05/2019 7:30 pm
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alric - as someone else has said if we who want to help cannot understand your case then I think you will really struggle to get a result at tribunal.

From what info you have given us it looks to me like you did get a gross of £10.50 an hour - its just the deductions are more than you expected.

If you really want to win at tribunal you are going to have to get your argument much clearer


 
Posted : 21/05/2019 7:35 pm
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In the same circumstances I would also '...want my £1,000' but would also be acutely aware that, as a matter of fact, costs can be awarded at an employment tribunal; it's not the norm but the possibility should not be discounted.
Do you have legal representation? For 'only' £1,000 I would be surprised and would think any honest solicitor would tell you the downside doesn't justify the cost or effort.
As you appear to be intent on pursuing this you would be better off using your time to fully prepare your case - facts and whether or not the other party breached employment law are the only things that matter.
The broad consensus of replies is that you should forget it.
Tell us how it all works out.


 
Posted : 21/05/2019 7:44 pm
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You're an employee of the umbrella company as well, so the end client/agency can tell you whatever they want they don't directly employ you, the contract to the agency and in turn to the umbrella, its your written agreement with the umbrella company that matters.

Is it them you are taking to tribunal as they are your employeer in this instance?


 
Posted : 21/05/2019 8:13 pm
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Acas helpline offers free advice: https://www.gov.uk/pay-and-work-rights

Best of luck.


 
Posted : 21/05/2019 11:04 pm
Posts: 1410
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Topic starter
 

Thanks for all the help
A year later,with just the help of ACAS,I am no longer out of pocket(bar the hassle of pursuing these lowlife), and It didnt get to the Industrial Tribunal


 
Posted : 12/08/2019 10:25 am
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Good news.


 
Posted : 12/08/2019 10:38 am
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