Contract Terminated after I commenced work. Recruitment agency refusing to pay

[danjericho]

What does the client think about this? Any chance of going direct?

When the agency terminated the contract, they said they where happy if I go direct.

However, Ive no trust in the client either. They are a start up with no credit history, and the whole situation came about because they didnt have the money to pay the recruitment agency the deposit for the contract.

Therefore, It would be too big a risk going direct as I would probably have as much chance of getting paid as the recruitment agency did.

[BolshieBastard]

It says "submitted". Nothing about agreed/approved etc.

No, its says signed properly submitted in accordance with clause 5.1 which isn't stated. So without seeing 5.1 any comment is useless.

Unless the op is opted in ie he didn't opt out, he's not getting paid. Legal recourse for 4 days work? Do the maths.

[danjericho]

5.1. At the end of each week of an Assignment (or at the end of the Assignment where an Assignment is for a period of less than one week or is completed before the end of a week) the Contractor shall deliver to the Employment Business the Employment Business’s timesheet duly completed to indicate the number of hours worked by the Contractor during the preceding week signed by an authorised representative of the Client. Such timesheets must be received by the Employment Business by no later than 5pm on the Monday following the 2 weekly period to which they relate.

I wasnt asked by the agency to opt-out

[tractor]

...

I wasnt asked by the agency to opt-out

Then the payment dependant upon reciept of timesheets is not enforceable and you are owed the money. Submit an invoice, check out how dunning works and pursue the debt appropriately.

Out of interest, have you even contacted the client to have them confirm the work that you have provided? I understand they may not want to talk to the agent but that doesn't preclude them from talking to you.

[danjericho]

Terms of Engagement of a limited company contractor that has opted out of the Conduct of Employment Agencies
and Employment Businesses Regulations 2003

I wasnt specifically asked to opt out, although its in the contract. Do they specifically need to ask me to opt out or can they just add it to the contract like this without asking me beforehand?

[danjericho]

Then the payment dependant upon reciept of timesheets is not enforceable and you are owed the money. Submit an invoice, check out how dunning works and pursue the debt appropriately.

Out of interest, have you even contacted the client to have them confirm the work that you have provided? I understand they may not want to talk to the agent but that doesn't preclude them from talking to you.

The client unfortunately is the source of the problem. Any emails I send are simply ignored. They are a startup, and I get the feeling that they where never seriously committed to the contract when they signed. They either didnt have the funds, or never had the intention to pay the recruitment agency and caused enough friction until the agency pulled the contract.

[tractor]

...

I wasnt specifically asked to opt out, although its in the contract. Do they specifically need to ask me to opt out or can they just add it to the contract like this without asking me beforehand?

If you don't sign an opt out before you are introduced to the client, you cannot be opted out subsequently. Statute overrides contract law. The contract clauses that relate to or rely upon an opted out status are unenforceable. I am sure that you will find a lawyer to argue either way but I would err on the side of statute. IANAL so you may need to take advice.

If you are a IPSE (PCG) member call the helpline.

Also, and I'm not being bombastic - you may want to use the time you have on your hands now finding out how much you don't know by using some of the links on the right and looking through some of the stickies in the Contracts and Legal fora. It can only stand you in good stead when you are considering your next contract.

[Unix]

Send invoices/letters to both the agency and client about the amount owed and saying you will begin legal proceedings against them if they don't pay within days. Also name the agent/client here so we can all avoid them.

[d000hg]

The client unfortunately is the source of the problem. Any emails I send are simply ignored.

Pick up the phone!

But, your issue is with the agency and it sounds like they haven't a leg to stand on provided you can demonstrate you did the work and everything else is as you portrayed it.

[danjericho]

Send invoices/letters to both the agency and client about the amount owed and saying you will begin legal proceedings against them if they don't pay within days. Also name the agent/client here so we can all avoid them.

Ive already sent the invoices to the agency and CC'd the end client.

Pick up the phone!

But, your issue is with the agency and it sounds like they haven't a leg to stand on provided you can demonstrate you did the work and everything else is as you portrayed it.

Ive been on the phone numerous times to the agency. Cant get an answer from the end client on phone nor email... clearly avoiding me. The stance of the agency is no timesheet - no pay.

One more thing I should add. Once it became apparent that the contract wasn't going to continue I didn't supply the code to the client. I made them aware that it would be released upon payment of the invoices. Ive provided evidence to prove that the work has been carried out as requested. I just didnt want to give away my time and effort given the fact that I wouldn't get paid for it. Is this reasonable?