Subcontract Advice Please

[CityFibre Engr]

Myself and a number of colleagues are having problems getting our employer to issue the payment rates for our jobs. These vary from surveys to network checks, partial and full installations. However the Team Manager for our area has been asked on multiple occasions by myself and other engineers to let us have these, he reads the messages and then just doesn't respond.

Is there an area of employment law we can use to leverage this information from him/his company or do we need to try and push it higher?

Many thanks in advance

Andrew

 

[Newchodge]

Myself and a number of colleagues are having problems getting our employer to issue the payment rates for our jobs. These vary from surveys to network checks, partial and full installations. However the Team Manager for our area has been asked on multiple occasions by myself and other engineers to let us have these, he reads the messages and then just doesn't respond.

Is there an area of employment law we can use to leverage this information from him/his company or do we need to try and push it higher?

Many thanks in advance

Andrew

Do you mean you don't know what you will be paid?

 

[CityFibre Engr]

Do you mean you don't know what you will be paid?

We know most of the rates, however some have changed lately but to what extent we are not entirely sure. It is hard to know if you need to challenge the fortnightly pay run or not because we don't know when the rates have changed and we could have been paid incorrectly for works carried out post review.

We are also hearing from other areas that mean our guys can be missing out on additional payments purely because we are not aware that we can claim them for additional works carried out.

I need to find out if there is any legal oblication on the company we are ultimately doing this work for to publish the set of rates we are working to so that engineers can ensure they are being paid FULLY for the work they undertake.

 

[Newchodge]

We know most of the rates, however some have changed lately but to what extent we are not entirely sure. It is hard to know if you need to challenge the fortnightly pay run or not because we don't know when the rates have changed and we could have been paid incorrectly for works carried out post review.

We are also hearing from other areas that mean our guys can be missing out on additional payments purely because we are not aware that we can claim them for additional works carried out.

I need to find out if there is any legal oblication on the company we are ultimately doing this work for to publish the set of rates we are working to so that engineers can ensure they are being paid FULLY for the work they undertake.

My advice would be for all of you to get together and, when next offered a job you all refuse to do it until you have clarity on payment rates and your terms and conditions of service as required by employment law.

Actually my advice would be to join a union first, as that gives you protection.

You can also talk to ACAS about early conciliation for a claim for failure to provide written particulars. https://legislate.ai/blog/employmen...a-written-statement-of-employment-particulars

 

[DWS]

Are you a sub-contractor or an employee?
Your post is headed as a sub-contractor but then you say your employer which would infer you are an employee

 

[Newchodge]

Are you a sub-contractor or an employee?
Your post is headed as a sub-contractor but then you say your employer which would infer you are an employee

Well spotted - I missed the title. The OP is also talking about employment law, which would not, generally, apply to a contractor.

 

[CityFibre Engr]

We're in a very grey area. We work through a payment house to the "employer" however we work on a sole contract for the employer. They have supplied vehicles, tooling and uniform to us. We are self employed for all intent. However, are they not still obliged to provide us with a scheduled rate of payment in writing?

 

[Newchodge]

We're in a very grey area. We work through a payment house to the "employer" however we work on a sole contract for the employer. They have supplied vehicles, tooling and uniform to us. We are self employed for all intent. However, are they not still obliged to provide us with a scheduled rate of payment in writing?

If you are legally self employed you are supposed to tell your client what your charges are.

Fairly obviously you are in disguised employment, but, until you can prove that through the employment tribunal you have no employment rights.

Join a union.

 

[fisicx]

If your ‘employer’ sets the rates then you are employed. If you are a contractor you set the rates you want to be paid.

It’s not a grey area at all. The person who pays your wages is apparently flouting employment law.

 

[Newchodge]

The person who pays your wages is apparently flouting employment law.

In addiition, thhey are cheating you of your rights and of money and cheating HMRC. I would suggest they are not good employers.