Employment & Agency Fees I have been told I am liable for?

Question

I started working for a company and after 4 days of actually working for them I was asked to sign my contract and letter of employment. I then found out I was liable for Agency Recruitment Fees of over £2000 if I left within 12 months. At the time I had been looking for work for over 10 weeks and although not ideal job was something I was trained in and thought I could see myself fitting in. I then got to see exactly what a **** company they were and they working enviroment was very much unideal. I have a small child and on one instance when he was ill work were less than impressed and basiacally told me it was work of my family commitments but not both as they wouldn condone it. After struggling for childcare and costs during 6 weeks hoiday I was asked to come inot the office and given an ultimatum in the ned I resigned. It hen just found out that after working for them for over 6 weeks they have withheld all my wages due to the Agency fee and I am not entitled to ay money for work I have done and also asked for more due to not being enough of my wages to cover full cost. What rights do I have and how do I go about getting back what i rightfully earned. I wouldn tcare but it cost me over £200 to travel to work over that 6 week period and also £18 per day for childcare and now I have not got anything out of them and I am now in extreme difficulties as I was relying on money owed and what I WAS told I was getting when I chose resignation in the office. Any help???

Answer 1

Hello - You are NOT liable for any agency fees... Your ex-employer took the decision to recruit you through an agency and so they took on the responsibility to pay the agency fees. Its not reasonable or fair to expect you to pay for them. Try contacting ACAS, their website is www.acas.org.uk they will be able to give you some free advice. I would suggest writing your ex-employer a letter stating that you want to claim back your salary, and that you have obtained legal advice that states with-holidng payment is unlawful and it was illegal to tie you into such an unreasonable agreement re. agency fees.

Good luck, definatly try ACAS.

Answer 2

You need to contact ACAS about this, or else you can try just lodging a formal grievance with the employer with a view to taking them to a tribunal if it is not resolved.

In general, employers are always responsible for agency fees, not the candidate.  Also, agencies tend to refund fees if the candidate leaves within three months of starting the job, so there shouldn't have been any cost to the employer in this case anyway.

Furthermore, employers are never allowed to withhold payment for work that you have done.  Regardless of your reason for leaving, or whether you gave notice or not, or any other circumstances, they must pay you for every single day that you worked (if on a salary - if on an hourly rate you should be paid for each hour that you worked).

Now, there is a problem in your particular case because, if I'm not mistaken, it was clearly stated in your contract that you would be charged for such fees and you willingly signed it.  But as I stated before, the agency should have had the fee refunded to them.  So just seek legal help.

Answer 3

If you signed a contract to say you would pay the agency fees,then you may have to do so.But i have never heard of this before.

I think you need to get back to the agency about it and also call the citizens advice bureau and see what they have to say.

I think you should name and shame this company.