Pet Sitting Agency Won't Pay

[Adrastea]

I would like some advice please. I was self employed, but worked through a pet sitting agency who paid me - they found the clients and had insurance etc..

The woman who owned the agency was always late paying and the job didn't pay much. I had to stop working there as I couldn't afford to keep running my car which had a lot of problems with over £1000 worth of damage. I gave notice immediately.

A dog was booked with me in one months time. Because I stopped work, the agency lost the client and the deposit for the booking £168.00 - the client was angry with the cancellation. This is understandable. There was no other pet sitter available to take the booking. The agency is using the money that I would have been paid for the last 3 jobs to cover the loss of this deposit and has refused to pay my last 3 invoices of total £150.00. Is this fair or can I claim the right to be paid for the work that I have completed? I have made the clients aware that the agency hasn't given me any of the money they paid for my services.

 

[Kernowman]

The contract for the pet sitting service is between the client and the agency, not you and the client.

The money you have earned is yours because you have earned it for the work you have carried out and the agency has no right to penalise you because the agency has staffing problems.

Write then a letter stating that you want payment within 7 days otherwise further action will be taken to recover the money.

 

[Geoff T]

I'd check the terms and conditions of the agreement between you and the agency VERY carefully...

Does it say in them that either party has the right of "set off"?

Was there also something about notice period?

 

[Adrastea]

I signed an application form, but there was never any agreement, certainly not about set off or notice period that needed to be given. It was more of a verbal contract and there was no mention of not paying me if a booking was cancelled. I have just received an e-mail from the woman at the agency stating that she will send me my payment tomorrow after I mentioned I was enquiring about my legal rights....so I will see if this happens. Thank you for your advice.

 

[Rhodes100]

If the customer paid you directly with a separate agency fee/insurance to the agency then perhaps I would argue that you were self employed.

However the agency/business is paying you therefore I would suggest that you may legally be employed by that business.

I might argue that she would be in serious trouble with the Inland Revenue if they found out about this arrangement, and that perhaps you should have been paid holiday pay etc as an employee.

 

[kulture]

I might argue that she would be in serious trouble with the Inland Revenue if they found out about this arrangement, and that perhaps you should have been paid holiday pay etc as an employee.

Not to mention minimum wage.

 

[Geoff T]

Not to mention minimum wage.

Yeah - cos all us SME owners are guaranteed that...

Seriously though - I think we've hit the button here... OP gets paid, job done - right?

 

[Richie N]

If the customer paid you directly with a separate agency fee/insurance to the agency then perhaps I would argue that you were self employed.

However the agency/business is paying you therefore I would suggest that you may legally be employed by that business.

I might argue that she would be in serious trouble with the Inland Revenue if they found out about this arrangement, and that perhaps you should have been paid holiday pay etc as an employee.

This depends on if it's the only job that they do, if they only work for this agency then yeah this would be classed as an employee but if they work for various then they can be self employed.
In this case, the agency can charge a booking fee to the client and the client pay the rest direct to the worker.
Alternatively the worker can invoice the agency.

If you have invoiced the agency and they are refusing to pay, then this is a breach of your agreement, check any contracts or anything you have signed (even on the application form there might be a clause).
Then issue a 7 day letter, then go down the route of Money Claim online.