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Recuriter is a fuckwit

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
So I've been working at this job now for three weeks. And I have taken a large amount of time off because my mum died.

I'm pretty sure that entitles me to time off. The job where I am working have been extremely lovely and pleasant, told me to take the time I need.

My recruiter tried to call me whilst I was in the chapel of rest seeing my mum, when I was in the funeral home and seems desperate to replace me.

Turns out he is earning £110 per day that I work and I'm getting less than 50% of that.

He also hasn't paid me yet despite that he was supposed to ages ago.

He's now trying to oust me from my job when the other party is telling me to take my time.

This has been a really fucking bad couple of weeks for me but I could really do without being homeless to boot.

Any ideas?

Comments

  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Oddly you were in my dream last night - anyway, I guess the best thing to do is to talk directly to the people you are working with and tell them what the recruiter has said to you.

    I would also check your contract to see when your supposed to be paid etc, it could be if he's not paid you now that he is in breach of conract.

    TBH i am not sure weather you are or not entitled to compassionate leave as a matter of course - I have checked my staff handbook at work and it just says that it is at the descresion of the executive director.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Ooh in your dream? Interesting.

    Well I spoke to the recruiter and he's basically said they are ending the contract tomorrow. He said that they have been more than understanding but they have to draw the line somewhere (I took two days off last week and left half way through one day (where he still gets paid mind)) and today. My boss at the job said it was fine but it seems as I'm employed by the recruiter and he doesn't get paid if I don't work then that's it.

    It's just so crap you know. I understand that my rights are different but I have no idea how I'm going to pay my rent right now and he's been less than understanding. Will have to check my contract but I go through an umbrella company and they said that they are quite happy to be paying me it's just he hasn't paid them yet.... and they were supposed to on the 25th of May. Hmm.

    Luckily I have two things in the pipeline that I'm about to follow up.

    Thing is my family think I'm a bit of a layabout, which I'm not and after telling them that I got my contract extended (which I did on Monday) and now for it to be ending I don't know how they are going to take the news.

    Thanks.
    X
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Ooh in your dream? Interesting.

    Well I spoke to the recruiter and he's basically said they are ending the contract tomorrow. He said that they have been more than understanding but they have to draw the line somewhere (I took two days off last week and left half way through one day (where he still gets paid mind)) and today. My boss at the job said it was fine but it seems as I'm employed by the recruiter and he doesn't get paid if I don't work then that's it.

    It's just so crap you know. I understand that my rights are different but I have no idea how I'm going to pay my rent right now and he's been less than understanding. Will have to check my contract but I go through an umbrella company and they said that they are quite happy to be paying me it's just he hasn't paid them yet.... and they were supposed to on the 25th of May. Hmm.

    Luckily I have two things in the pipeline that I'm about to follow up.

    Thing is my family think I'm a bit of a layabout, which I'm not and after telling them that I got my contract extended (which I did on Monday) and now for it to be ending I don't know how they are going to take the news.

    Thanks.
    X

    Hi there. Sorry to hear about your loss :(

    It is often true that you're employed by the recruitment company and not the external company (the client of the recruiter), so you'll have to check your contract carefully to see if you're entititled co compassionate leave.

    However, there could also be another way to take this up with the guy refusing to pay you. Even if you're formally employed by the recruitment company, as long as you have an agreement to work for the client at the present time, one is supposed to be under the command of the chief in that company, meaning that if that person say you can take leave with pay, i shouldn't be possible for the recruitment guy to deny you your money.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Mmmm, interesting. I was just talking to another recruiter (who is MUCH nicer, very understanding and takes a one off fee from the employer and nothing from the employee) who said that if he withholds my wages I have various things I can do.

    There is a possibility I can do him for loss of earnings and unfair dismissal, particularly as my employer at the company has been very encouraging and told me to take as much time as I needed.

    Also looking over my contract, if he continues to refuse payment he has broken the contract and I can continue to work for the current company as one of THEIR employees due to him breaking the contract and thus the rest does not apply.

    Either way I am applying for jobs left, right and centre anyway and have a couple of things that could be coming up. As long as I can get a full-time job in the next few weeks (which is believable) I should be ok. I still have the company on my CV and it's a company that will open a lot of doors for me despite the circumstances.

    ....fingers crossed :)
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Hiya,
    I know this isn't a long term solution to you but you mentioned you feared homelessness, have you looked into claiming benefits like Housing Benefit, Job Seekers Allowance etc? Obviously just as a short term thing so you don't get into loads of debt and get too behind with your rent.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Because I don't officially graduate until next month I am not entitled to any benefits. Which sucks :(

    I've got a part time job at the weekends, my employers there are fantastic and it gives me enough cash to be able to eat and stuff. Hopefully my cash from this and the pay I SHOULD get from the other one will be able to keep me going until I get into another job. It's just all a bit shit really...

    thank you though
    X
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Because I don't officially graduate until next month I am not entitled to any benefits. Which sucks :(

    Aw :(

    I faced this issue too actually as the year I graduated I needed to go straight onto benefits due to illness. It wasn't done on the date of my graduation though (thankfully as my uni didn't do them until September) it was done on the last 'official' day of the course which was some random day in the summer long after the end of term. They told me at the time it's because the student loans etc which were already paid to me were meant to cover this whole time period until the official end of the course. So I had to wait a bit.

    I really hope you get a new job soon, you really don't deserve all this shite on top of everything else at the moment :)
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Sorry to hear what you've been going through recently. Randomgirl is right, you don't need any more hassle right now.

    If you like the job you're in at the moment, is it an option to ask if they are looking to take on staff so you will just work for them and not through the recruiter? Apologies if I've got the wrong idea here.

    Hope it works out for you. :heart:
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Mmmm, interesting. I was just talking to

    Also looking over my contract, if he continues to refuse payment he has broken the contract and I can continue to work for the current company as one of THEIR employees due to him breaking the contract and thus the rest does not apply.

    Yes, that sounds like a good idea :)
    It's really not worth bothering for a company where you have to stand on the barricades in order to claim your formal rights all the time, even if the case rests with you. Much better to avoid recruitment companies and work for others directly and sounds you have a good opportunity to do so from what i read :yes:
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Regardless of any other situation the recruitment agency has no right to withhold wages. What's more they should know that. Go and speak to the manager of the recruitment agency if that is what they are doing. If you get no joy, say that you will be going to ACAS about it.
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