end client not approving timesheets

[andy12345]

Hi,

I know this has been posted in the past and as each case varies, I am posting my issue which is slightly different to the ones posted before.


I am working for a multi-national company (A) as a contractor through an agency (B). The actual end client (C) is different. I am working out of the offices of the actual end client (C) and not the multi-national company's offices (A).


Most of my time I interact with the end client (C) as we work out of their offices. So, they know pretty much what I do and what I was brought in for. My major work for August and September was producing a Design document, which bears my name and the end client (C) has approved/signed off the design document and I have the email to prove that.

My timesheets for August and September are not being approved.
I got an extension in October for another 2 months.
My October timesheet has been approved. ( Yes, strangely approved in mid of November)
November timesheet has not been approved.

Now, the A is saying, in writing, that they would not approve any of my pending timesheets unless I complete my deliverables (which I never agreed). The deliverables are very vague and not specific. This has gone to their HR and their HR is supporting their PM. The deliverables in dispute are for Oct and Nov, as mentioned by them in an email to my agency. I never agreed to them orally or in emails. Neither it is mentioned in the contract nor the extension they gave me in October. The extension was unconditional.


I stopped going to work.

Should I approach a solicitor? What are my options here. Please do not ask me why I didn't get the timesheets approved on time, etc., I am already hugely regretting for that. Please help!!!

Many Thanks!!!.

[TheCyclingProgrammer]

Opted in or out?

[andy12345]

Opted in or out?

Sorry, Opted out.

[tractor]

.....

Sorry, Opted out.

For anyone reading this, this is why opting out without an appropriate B2B contract with tightly defined deliverables is always, always a bad idea.

For the OP, what does your agent say? Your contract is with them. I would be looking for them to support you in this. You should have asked them and taken legal advice before downing tools. Now you are probably in breach of contract anyway.

Are you an IPSE member? If so call the helpline and take some advice.

[andy12345]

For anyone reading this, this is why opting out without an appropriate B2B contract with tightly defined deliverables is always, always a bad idea.

For the OP, what does your agent say? Your contract is with them. I would be looking for them to support you in this. You should have asked them and taken legal advice before downing tools. Now you are probably in breach of contract anyway.

My contract with the agency did not have any 'deliverables' written into the contract ( at the beginning or during any extension).

Are you an IPSE member? If so call the helpline and take some advice.

The agency is a preferred vendor for them, so, not much support from the agency. They are just pointing out to the clause in the contract, which says they can pay only for an approved timesheet.

How is it legal to withhold approval of the past timesheets, with a contract extension and one moth approval in between?

I am not IPSE member. But, I will look at their advice.

For Nov, I have an email from my PM about the leaves I have taken for the month of Nov. Will that be sufficient to say I have worked for the rest of the days? I mean legally, not in terms of deliverables.

[tractor]

...

The agency is a preferred vendor for them, so, not much support from the agency. They are just pointing out to the clause in the contract, which says they can pay only for an approved timesheet.

How is it legal to withhold approval of the past timesheets, with a contract extension and one moth approval in between?

I am not IPSE member. But, I will look at their advice.

For Nov, I have an email from my PM about the leaves I have taken for the month of Nov. Will that be sufficient to say I have worked for the rest of the days? I mean legally, not in terms of deliverables.

When you speak legally, you need to factor in how you terminated. What led up to it and whether your contract allows you to terminate against the reasons that you did. How did you terminate? Did you just not turn up? What did the agent say? You may find that your actions rebound on you depending on what clauses the contract that you have signed hold you to.

At this point, you really do need legal advice. The contract needs to be looked at as a whole and then individual elements determined. You can discount deliverables if they are not explicity mentioned in the contract. IANAL etc.

[andy12345]

When you speak legally, you need to factor in how you terminated. What led up to it and whether your contract allows you to terminate against the reasons that you did. How did you terminate? Did you just not turn up? What did the agent say? You may find that your actions rebound on you depending on what clauses the contract that you have signed hold you to.

At this point, you really do need legal advice. The contract needs to be looked at as a whole and then individual elements determined. You can discount deliverables if they are not explicity mentioned in the contract. IANAL etc.

I just did not turn up. If thats a bad way, then I'll go to the work place, which is 3.5 hrs by train. But we will be discussing the same without any resolution as I do not agree to their deliverables. But, if thats the right way to terminate then I'll do it that way. Any other things that I should take care of?

Can I ask them to not to use my design as they are not paying for it?

[jmo21]

any of my pending timesheets unless I complete my deliverables (which I never agreed). The deliverables are very vague and not specific.

What exactly were the vague/not specific deliverables?

Was there no back and forth about why they couldn't be done.

Did you just ignore them and hope they'd go away? Did you tell them the design document would take the whole 2 months and you would be doing nothing else?

All seems a bit strange to be honest, especially as they want to keep you on.

[tractor]

.

I just did not turn up. If thats a bad way, then I'll go to the work place, which is 3.5 hrs by train. But we will be discussing the same without any resolution as I do not agree to their deliverables. But, if thats the right way to terminate then I'll do it that way. Any other things that I should take care of?

Can I ask them to not to use my design as they are not paying for it?

You should first read and understand your contract. You should then comply with it and take legal advice on how to proceed. You are able to pursue the same legal remedies that we all are under English law. For this, you need proper legal advice. But if you have broken your contract terms, then you need to be very careful about how you pursue this.

[andy12345]

What exactly were the vague/not specific deliverables?

Was there no back and forth about why they couldn't be done.

Did you just ignore them and hope they'd go away? Did you tell them the design document would take the whole 2 months and you would be doing nothing else?

All seems a bit strange to be honest, especially as they want to keep you on.

The design document was complete by October and the end client (C) also signed it off. So, all happy at this end. Then the development phase and mentoring phase started. The rest of the team is off-shore. So, had a quite bit of mentoring to do to explain the design and enable them to do the development.

This is where the grey area starts. They assumed the development work will be done by so and so date and it slipped. They are pinning the deliverables on me, now. I never gave false status updates. Whenever they asked I told them where we were.

Even now, I cannot agree to those deliverables as I don't know if I can meet them. I was working flat out. Not fooling around.