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  1. #1

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    Default Being blackmailed to sign new, backdated contract

    Dear all,

    I had a contract with my management services provider, and my own limited company, until end of June this year.
    I continued working in July, with the approval of the provider who stated that the contract had "rolled over" - meaning all terms and conditions are carried over.
    On the 5th of August the provider then said they were issuing a new contract, with different terms and conditions, and they had back dated this to the 1st July.

    They are refusing to pay my June and July invoices unless I sign this new contract.

    This sounds like straight forward blackmail to me.

    Do you know what is the quickest, and least expensive, route to follow to claim my payments from them?

    BTW: they have taken exactly the same actions with a 2nd contractor, via his own ltd company.

    Many thanks,
    Kind Regards,
    an unhappy contractor

  2. #2

    Respect my authoritah!

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    You have a choice. Sign the new contract or don't.
    They have a choice. If you refuse to sign, bin you, or continue working to the old contract,

    What they cannot do is withhold payment for what you've already worked. However, to enforce that may require legal action, ultimately.

    Does the new contract mean less money for you?

    Without knowing all the details, in your position I would simply not get into discussion about work already done -simply raise invoices, send reminders and ultimately take it to court if they don't cough up.
    You won. Get over it.

    --drunk on abuse of power--

  3. #3
    eek
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    bored now

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    Quote Originally Posted by uk2016 View Post
    Dear all,

    I had a contract with my management services provider, and my own limited company, until end of June this year.
    I continued working in July, with the approval of the provider who stated that the contract had "rolled over" - meaning all terms and conditions are carried over.
    On the 5th of August the provider then said they were issuing a new contract, with different terms and conditions, and they had back dated this to the 1st July.

    They are refusing to pay my June and July invoices unless I sign this new contract.

    This sounds like straight forward blackmail to me.

    Do you know what is the quickest, and least expensive, route to follow to claim my payments from them?

    BTW: they have taken exactly the same actions with a 2nd contractor, via his own ltd company.

    Many thanks,
    Kind Regards,
    an unhappy contractor
    Three immediate questions

    1) Are you working through an agency?
    2) if you did, did you opt in or opt out?
    3) Do you have signed timesheets for June and July (hopefully August as well)
    merely at clientco for the entertainment

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    sal
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    Are you direct or through an agency?
    Do you have signed timesheets / evidence of work done?

    If (by the look of it) you don't have a contract signed for the work after end of June - it will be very hard if not impossible to get any payment for work in July/August. Rookie mistake for working without signed contract.

    If you have evidence for your work in June you can get them to pay via small claims court.

  5. #5

    I live on CUK

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    Quote Originally Posted by sal View Post
    Are you direct or through an agency?
    Do you have signed timesheets / evidence of work done?

    If (by the look of it) you don't have a contract signed for the work after end of June - it will be very hard if not impossible to get any payment for work in July/August. Rookie mistake for working without signed contract.

    If you have evidence for your work in June you can get them to pay via small claims court.
    Or use a debt collection agency.
    "You’re just a bad memory who doesn’t know when to go away" JR

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    eek
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    bored now

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    Quote Originally Posted by SueEllen View Post
    Or use a debt collection agency.
    That won't get very far if they are disputing that payment is due...
    merely at clientco for the entertainment

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    Default thanks for replies..

    It's a complicated situation.
    I started 4 years ago, setup my own limited company, and have a subcontractors agreement with this service provider.
    The service provider then has the contract with the end client - the services division of a a bank.

    So before June 2015 setup was:
    Me (limited company) -> services provider -> client (bank services)

    From 1st July 2015, the bank introduced a new layer, so that they consolidated all payments to one firm - and all the smaller agencies and service providors had contracts with this new firm.
    So new setup is:
    Me (limited company) -> services provider -> new firm -> client (bank services)

    Payments have been made ok for almost a year.
    Just now the service provider is playing nasty games and blackmail - and I don't know why.

    I believe as the service provider clearly stated i should continue work, as the contract has rolled over, that they have to pay for services provided in July as well.

    August will be a more difficult issue, because they presented a new contract. I don't have an issue if the new contract starts 1st August.
    But I am sure it is illegal for them to back date a contract and force me to sign it.

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    More time posting than coding


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    Default

    OP, we need more details... as have been asked above, and what terms and conditions have changed?

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    Quote Originally Posted by Crossroads View Post
    OP, we need more details... as have been asked above, and what terms and conditions have changed?
    Not many changes:
    1. Overtime rate reduce from 1.5 to 1.15
    2. extra condition that i will not get paid, unless they have been paid by the client
    3. I think this is the critical one. They have changed the client name.
    It was orginally: the bank services
    They have now changed it to: the large intermediate firm, on behalf of the bank services

    This clause is designed to stop me from working with the intermediate firm for a year - and they are huge, international - so i don't think it should be binding.

  10. #10

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    Quote Originally Posted by uk2016 View Post
    Not many changes:
    1. Overtime rate reduce from 1.5 to 1.15
    2. extra condition that i will not get paid, unless they have been paid by the client
    3. I think this is the critical one. They have changed the client name.
    It was orginally: the bank services
    They have now changed it to: the large intermediate firm, on behalf of the bank services

    This clause is designed to stop me from working with the intermediate firm for a year - and they are huge, international - so i don't think it should be binding.
    ah, my earlier post hasn't shown yet.

    Worked here for 4 years.
    Originally was:
    me (via my ltd company) -> service provider -> bank services

    Since 1st July 2015 changed to:
    me (via my ltd company) -> service provider -> new firm -> bank services

    The new firm was part of the bank consolidation plan - they pay this new firm one huge bucket - and the new firm has contracts with all the other agencies.

    My provider did not update the client name on my contract.
    Only now, the new contract states:
    new firm, on behalf of bank services

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