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Timesheets - pre authorised work clawback

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    #11
    If I had signed copies of the authorised timesheets I'd be demanding the lot.
    Blood in your poo

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      #12
      Originally posted by Sausage Surprise View Post
      If I had signed copies of the authorised timesheets I'd be demanding the lot.
      ok thanks a lot

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        #13
        IANAL but, if you have signed timesheets, you should just be able to invoice them. Remind them that if the invoice is not paid within 30 days, then they will be liable for interest at 8.5% in addition to a fee as set out under European Directive 2011/7/EU on combating late payment in commercial transactions.

        The fee you get is about 150 quid which should cover the costs of beginning the legal process. I'd probably do it just because I hate agencies and the personal satisfaction I'd get for shafting them would surpass any minor legal fees.
        Unless you're the lead dog, the scenery never changes.

        Currently 10+ contracts available in your area

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          #14
          Originally posted by NibblyPig View Post
          IANAL but, if you have signed timesheets, you should just be able to invoice them. Remind them that if the invoice is not paid within 30 days, then they will be liable for interest at 8.5% in addition to a fee as set out under European Directive 2011/7/EU on combating late payment in commercial transactions.

          The fee you get is about 150 quid which should cover the costs of beginning the legal process. I'd probably do it just because I hate agencies and the personal satisfaction I'd get for shafting them would surpass any minor legal fees.
          Actually, the time sheets was signed off and paid back in August. The client wants claw back 3 days worth of time that they agreed and signed off back in August.

          The agency wants to claw those two days back off me (from the September timesheets that are currently with their payroll awaiting to be processed) and pay back the customer.

          Comment


            #15
            Originally posted by Hotlatte View Post
            Actually, the time sheets was signed off and paid back in August. The client wants claw back 3 days worth of time that they agreed and signed off back in August.

            The agency wants to claw those two days back off me (from the September timesheets that are currently with their payroll awaiting to be processed) and pay back the customer.


            Send the agency an invoice for the full amount covering Septembers timesheets - ignore the request to reduce by 3 days.


            Wait until your payment is overdue (e.g. 30 days) then issue a Letter Before Action (google this for many samples or pay £3 quid and get one sent out online).

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              #16
              Originally posted by Normie View Post
              Send the agency an invoice for the full amount covering Septembers timesheets - ignore the request to reduce by 3 days.


              Wait until your payment is overdue (e.g. 30 days) then issue a Letter Before Action (google this for many samples or pay £3 quid and get one sent out online).
              OK thanks I should issue the invoice now- by the way i have just emailed their payroll asking them to confirm the date the payment will clear into my bank so that i have it in writing.
              Last edited by Hotlatte; 8 October 2015, 13:30.

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                #17
                By all means invoice them for full amount. If they do not pay the full amount consider whether the sum involved is worth spending time and money to pursue. Sometimes businesses have to write off unpaid fees which a valid point for any IR35 investigation.

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                  #18
                  Originally posted by Hotlatte View Post
                  Issue is that after 2 weeks of numerous escalations and frustration she has signed off timesheets but told the framework who have in turn told the agency to clawback 2 days' worth of payment.
                  For what reason?

                  Regardless, the timesheets are signed off, invoice for the lot.

                  If the agency phone and request you to change them timesheet, just keep asking why. Why should I do that?

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                    #19
                    Originally posted by jmo21 View Post
                    If the agency phone and request you to change them timesheet, just keep asking why. Why should I do that?
                    The only reason is because as it stands they have to pay and they know it.

                    Comment


                      #20
                      Originally posted by Hotlatte View Post
                      OK thanks I should issue the invoice now- by the way i have just emailed their payroll asking them to confirm the date the payment will clear into my bank so that i have it in writing.
                      This should be in your contract and in the guidebook for your agency.
                      Unless you're the lead dog, the scenery never changes.

                      Currently 10+ contracts available in your area

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