Screwed over by agent acting unlawfully

[TheVoice]

So, here is the story.

Introduced to client without opt out so opted in by default. Client wants contractor & contract is issued. More non payment & get out clauses than you could ever imagine, all incompatible with the opted in status. Clauses struck out by contractor & contract sent back.

Contractor is told that the agent doesn't have an opt in contract & agency forces contractor to sign opt out even though it's invalid with heavily amended contract.

Contractor doesn't believe a word of their bull & sends back the amended contract as he wants it signed & starts on site without agent signing to confirm so contract takes effect by default.

4 days into the contract, agent & client jointly breach contract, refuse to sign time sheets or pay the contractor at all.

Now, I know my legal position is strong here as the regs apply, so the agent must pay without time sheets or getting paid by their client. But feck me, how are these people allowed to trade? Our industry would be much better off without these idiots. The DTI are now involved in this one for obvious reasons.

If anyone wants to know the name of the company to avoid, drop me a DM. Sorry for the rant, had to get it off my chest!!

[ASB]

What was the alleged contract breach?

[TheVoice]

What was the alleged contract breach?

Several

• Failure to provide site access when required to do so for effective performance & multiple failures to resolve despite almost hourly attempts
• Failure to provide access to agency timesheet system frustrating input of time worked when contractually required to do so
• Failure to ensure compliance with health & safety law
• Termination of contract without notice without contractually permissible grounds & in a manner not permitted by the contract (Basically terminated because the person in charge of building access complained that they had been asked to hurry up & sort out the access problems...not grounds for termination!)
• Failure to provide written notice when contractually required to do so

[SueEllen]

Follow the standard invoicing procedure then late payment guidance and be prepared to go to court.

Also put a complaint into the BIS Employment Agency Standards Inspectorate - you are going to have to track them down through the direct.gov website here and speak to someone on the phone. These people will hopefully either help you get paid or give you some written evidence if you need to go to court to show the agency wasn't acting reasonably.

In the meantime look for another contract

BTW if the client's health and safety breach was serious you need to report them to either their local council or if they are big to the HES and be prepared to explain why you couldn't put it in their accident book. If it isn't then you need to drop it from any complaint you are making.

[BolshieBastard]

So, here is the story.

Introduced to client without opt out so opted in by default. Client wants contractor & contract is issued. More non payment & get out clauses than you could ever imagine, all incompatible with the opted in status. Clauses struck out by contractor & contract sent back.

Contractor is told that the agent doesn't have an opt in contract & agency forces contractor to sign opt out even though it's invalid with heavily amended contract.

Contractor doesn't believe a word of their bull & sends back the amended contract as he wants it signed & starts on site without agent signing to confirm so contract takes effect by default.

4 days into the contract, agent & client jointly breach contract, refuse to sign time sheets or pay the contractor at all.

Now, I know my legal position is strong here as the regs apply, so the agent must pay without time sheets or getting paid by their client. But feck me, how are these people allowed to trade? Our industry would be much better off without these idiots. The DTI are now involved in this one for obvious reasons.

If anyone wants to know the name of the company to avoid, drop me a DM. Sorry for the rant, had to get it off my chest!!

Wouldnt be rullion by any chance?

I once applied for a role through them and told them up front Im opting in. To cut a long story short, after speaking to the pimp then an arrogant account manager they wouldnt proceed with the application 'unless I was prepared to opt out.'

[VillageContractor]

Probably a stupid question but what's opting in?

[malvolio]

Probably a stupid question but what's opting in?

Non-existent. You're in unless you explicitly and correctly opt out and the agency gives you a relevant contract and informs their client.

In reality, signed paperwork or not, well over 95% of contractors are actually opted in, whether they realise it or not, because nobody does it properly.

[cojak]

So, here is the story.

Introduced to client without opt out so opted in by default.

Not sure I understand your question - you already know that, don't you?

[Jack Kada]

So, here is the story.

Introduced to client without opt out so opted in by default. Client wants contractor & contract is issued. More non payment & get out clauses than you could ever imagine, all incompatible with the opted in status. Clauses struck out by contractor & contract sent back.

Contractor is told that the agent doesn't have an opt in contract & agency forces contractor to sign opt out even though it's invalid with heavily amended contract.

Contractor doesn't believe a word of their bull & sends back the amended contract as he wants it signed & starts on site without agent signing to confirm so contract takes effect by default.

4 days into the contract, agent & client jointly breach contract, refuse to sign time sheets or pay the contractor at all.

Now, I know my legal position is strong here as the regs apply, so the agent must pay without time sheets or getting paid by their client. But feck me, how are these people allowed to trade? Our industry would be much better off without these idiots. The DTI are now involved in this one for obvious reasons.

If anyone wants to know the name of the company to avoid, drop me a DM. Sorry for the rant, had to get it off my chest!!

I am sorry to hear that - It sounds awful!! I just hope this sort of thing does not happen often but it sounds quite plausible that it could

What is opt out vs opt in? I have never heard about this before. I always was led to believe that the agency paid you once they got paid from the end client themselves

[malvolio]

I am sorry to hear that - It sounds awful!! I just hope this sort of thing does not happen often but it sounds quite plausible that it could

Except it's illegal, but hey...

What is opt out vs opt in? I have never heard about this before. I always was led to believe that the agency paid you once they got paid from the end client themselves

Just a wild thought but instead of asking questions on the absolute basic info any contractor should be aware of, how about doing a little research? I think the Opt Out and what it means has been discussed on here once or twice already...