"Jean Philippe must be paid the wages he is owed," demanded demonstrators at Edinburgh's Employment Tribunal on 3 September. Recruitment agency Tradebase have still not paid Jean £468 wages due for painting work at the Rutland Hotel in July 2008.
"Something should be done.... I worked for four days - I should be paid! If I had robbed someone then I would be in jail," exclaimed Jean to the Tribunal judge.
Jean Philippe is making a claim to the Employment Tribunal to obtain the wages he is owed by Leeds-based agency Tradebase. Tradebase sent him to work for Sheffield firm SW Interiors at Edinburgh's Rutland Hotel - but despite contacting both firms numerous times Jean Philippe has never been paid. The Tribunal hearing was adjourned without a decision, and will resume later this year.
ROBBER BOSS
Arriving for the hearing, Tradebase boss Mrs Graham appeared startled to be greeted by around a dozen demonstrators braving the torrential downpour to display placards and banners.
"Today we are taking a stand against rip-off agencies and companies who try to avoid paying their workers the wages they are due. We can assure Tradebase and SW Interiors that we will pursue them until they pay up," said an Edinburgh Coalition Against Poverty spokesperson outside the Melville Street tribunal building.
"We know many Agency workers are robbed in this way, and generally exploited. We appeal to Agency workers : join the IWW so that together we can organise to enforce your rights and win better conditions," urged an IWW unionist present.
THE FACTS
Jean Philippe was employed by construction industry agency Tradebase to work at the Rutland Hotel in Edinburgh. He worked for 37 hours from 2nd - 5th July last year for SW Interiors, which should have earned him £468.
Ever since then, Leeds-based Tradebase have been seeking to avoid paying these wages due. The Employment Tribunal found in favour of Jean Philippe, after Tradebase failed to turn up at the hearing. But then Tradebase asked for a review, claiming all the correspondence about the case had gone astray.
At the previous hearing on 7 July this year, Mrs Graham, who along with Mr Graham is the owner of Tradebase, agreed that Jean Philippe had carried out the work and was due wages, and agreed to contact SW Interiors to confirm the number of hours Jean Philippe had worked. She agreed that she would then pay wages for the number of hours verified by SW Interiors.
THE BOSS LIES
But Tradebase and Mrs Graham went back on their word. They employed a firm called Milton and Co, Accounting and Legal Services, to try and avoid payment on a legal technicality. They are claiming that the Employment Tribunal has no power to rule on the case, alleging that Jean Philippe was not employed by Tradebase but was a self-employed sub-contractor.
"The case has been going on for over a year, and this is the first time Tradebase have used this argument. They are clearly trying to boost their profits by worming out of their legal responsibilities," say Edinburgh Coalition Against Poverty.
THE TWO BOSSES LIE
No-one disputes that Jean Philippe worked at the Rutland Hotel, and is due his wages. But Tradebase claim the exact number of hours is in doubt until they have a timesheet signed by SW Interiors. Robert Scaife of SW Interiors promised Jean Philippe in July 2008 that he would send Tradebase the required documentation. SW Interiors claim they did send it - but Tradebase claim they never received it.
Jean Philippe has made numerous phone calls and sent letters to both companies since then - but each continues to blame the other - and Jean Philippe continues to be out of pocket, having done 37 hours hard graft for no wages.
LATEST HEARING
The latest hearing on 3rd September was adjourned after it became clear that the employment status legal issues involved were so complex that Jean Philippe needed legal representation by a solicitor.
"The legal situation may be complicated, casualisation and Agency working is designed to reduce workers' rights. But it's clear where justice lies. Jean Philippe must be paid the wages he worked for."
"If Tradebase haven't paid up by the next Tribunal hearing, then we hope a large crowd will be present to support Jean Philippe and all agency workers. And meanwhile we urge people to join us in putting maximum pressure on the companies concerned to pay up. An injury to one is an injury to all," said a demonstrator from Edinburgh Coalition Against Poverty and the IWW.
Edinburgh Coalition Against Poverty :
www.edinburghagainstpoverty.org.uk ecap@lists.riseup.net
Edinburgh Coalition Against Poverty organises a solidarity phone tree, so we can take collective action to support people in conflict with the authorities - get in touch to join or find out more.
ECAP can also be contacted every tuesday 1-4pm at the Autonomous Centre of Edinburgh, 17 West Montgomery Place EH7 5HA, when ECAP-affiliate Edinburgh Claimants run a solidarity and advice session on benefits, debt, housing and other problems (tel 0131 557 6242 tuesday afternoons)
The Industrial Workers of the World :
www.iww.org.uk edinburgh@iww.org.uk
Edinburgh General Membership branch meets at the Autonomous Centre of Edinburgh, 17 West Montgomery Place EH7 5HA at 7.30pm on the second Monday of each month.
Info for Agency workers http://iww.org.uk/index.php?q=precarious
Neither hurricane-force gales nor torrential downpours could deter the demonstrators supporting Jean Philippe...
