Client refusing to sign timesheets after taking receipt of work at close of contract

[MarkThompson]

Hi there,

I wonder if anyone could offer me some advise on a nasty situation I've run into with my latest contract.

Basically I've come to end of an 8 week assignment and my end client is refusing to sign off the last 2 weeks of the timesheets after having received the project deliverables and making excuses about "not having time to properly review the work" on the last day of the contract to avoid signing there and then.

The logistics are:

I got the contract through X agency that placed me for interview at Y client. After getting the assignment I introduced X agency to Z umbrella company that I use to pay my wages.

Everything was fine for the first six weeks, I got my timesheets signed every 2 weeks and first 4 weeks money was paid as expected. Client made no complaints on work standard and agency informed me of no problems.

So it comes to the final 2 weeks, I was asked to complete a range of project deliverables over a 10 day period - to be handed in by close of business on the final day of my contract - which I did, all obligations and milestones met. The client contact (line manager) made excuses about not wanting to sign the timesheets until he'd "checked the work" and left me hanging till the following week when he informed the agency contact (and myself) that he wasn't happy about the standard of work and consequentially "wasn't signing the timesheets or paying".

There has been an email exchange but the client has refused to detail exactly what his problem is with the work and has refused any possible compromise with final edits/corrections as an out of contract remedy to mutual satisfaction.

Now I feel a little bit as if I've been literally mugged here. I should have seen through the evasions and avoidance of signing the timesheets but its not a situation I've ever really experienced before in the marketplace. Its left the end client with 2 weeks of my project work (which in my eyes is complete to a high standard) for absolutely no payment in return.

My agency have informed me that they will not invoice the end client unless the line manager decides to sign the timesheets (he has thus far refused and has similarly refused to give any kind of detailed or specific critique on why he considers the work "below standards") and since the agency will not invoice they say they will not pay my umbrella company and consequentially I don't get paid.

So short question is what do I do? Is there any legal advise or way for me to pursue this?

I'm honestly quite taken aback at how blatant this apparent rip-off has been and I really didn't expect either the client or the agency to act in this way.

Any help, advise or comments gladly accepted.

[pleomax]

Ask for the work to be returned to you?
I am no expert in these things but a few years ago the manager would have had an accident!

Pleo

[BrilloPad]

I would wait outside the client and ask him when he showed up. Sometimes it is cheaper to forget it and move on - particularly if you have another gig.

[NotAllThere]

Quite common. Especially at the "low end". To them your two weeks' fee matters, and if they can avoid paying it, then that's all to the good.

First off, issue an invoice for the work. Have a look at www.payontime.co.uk. You've done the work, and you should be paid for it - the law is quite clear on that. ( assuming, of course, that you haven't, in fact, made a hash of it ). However, legal proceedings are expensive, you need to take that into account. So, get good legal advice and go along with that. Try www.egos.co.uk - not cheap, but highly recommended.

Oh, and if you had been ltd, rather than through brolly, you'd be able to take action yourself, rather than relying on a 3rd party, who probably don't really care.

[TheFaQQer]

Did you opt out of the agency regulations, in writing, before you were introduced to the client? Did the umbrella company opt out of the agency regulations in writing before you started?

If the answer to either of these is "no" then you are, by default, within the agency regulations. These dictate that the agency MUST pay you for the work that you have completed - whether they are satisfied with the work or not. They need to take reasonable steps to verify whether you have done the work or not (waiting for a signed time sheet is not good enough, they must actively check whether you did the work or didn't do it).

Invoice for the work, ask for details about why the client is not happy with the work, and if necessary go back and "fix" the problems.

Depending on the amount outstanding, it may be worth just chalking it up (which I would not do), or looking at filing a court case with the small claims court against the agency.

[TykeMerc]

Don't forget your contract is with the Agency, if the chose to invoice the client or not isn't your problem, it's the Agency you chase for payment.

Did you sign an opt out of the regulations? If not the Agency must pay you.

[TheFaQQer]

Don't forget your contract is with the Agency, if the chose to invoice the client or not isn't your problem, it's the Agency you chase for payment.

Did you sign an opt out of the regulations? If not the Agency must pay you.

Nope - he is through an umbrella, so his contract is with the umbrella, who has a contract with the agency, which has a contract with the client.

[MarkThompson]

Okay some clarifications:

1. I definitely did the work required in the last 2 weeks of the contract and the client who has expressed "dissatisfaction" with this work has refused to supply any substantive criticism or assessment of what is supposed to be wrong with it.

2. I'm not sure how I go about issuing an invoice myself for this work since I was doing it through and umbrella company and don't currently have a functional limited company of my own.

3. The client in this case is actually a fairly big multinational telecoms company - they really don't seem short of money - this seems to be a fairly local scam by a particular rogue officer of the company.

4. Yeah I appreciate now it's a disadvantage of umbrella companies (ie counting on them to do something) but am I able to take this further myself perhaps through the employment tribunal service for example?

5. Yeah on checking my online docs with umbrella corp I did op out of the agency regulations - but this was done via an online form not signed in paper - and it didn't happen before I was introduced to the client - but afterwards several days after I actually began work.

[TykeMerc]

Nope - he is through an umbrella, so his contract is with the umbrella, who has a contract with the agency, which has a contract with the client.

Correct I missed that on my first read through, sorry.

[TheRefactornator]

5. Yeah on checking my online docs with umbrella corp I did op out of the agency regulations - but this was done via an online form not signed in paper - and it didn't happen before I was introduced to the client - but afterwards several days after I actually began work.

So your opt out is null and void and you're opted in by default. Make sure you have documented evidence proving the regs opt out is invalid in terms of the timeline of events that occurred at the start of the contract and use this as a shoe horn with the agency to get them to pay your umbrella. The fact that the agency have advised that they will not invoice the client until the timesheets are signed should not enter this equation.