Opted In Question

[kaiser78]

Can anyone please clarify - if you are opted in, does this oblige the agency to pay the contractor regardless of whether the contractor timesheet has been approved, or only regardless of whether they have been paid by the client co ?

[northernladuk]

Opt in, opt out? What the employment agency regulations are all about :: Contractor UK

Why might agencies request that the contractor opts out? Are agencies legally entitled to try to influence a contractor’s decision to opt out, or in?

A: There are many reasons for requesting an opt-out. The Regulations limit attempts to restrict workers after the end of the contract which means that the agency is at risk of these individuals, their customers, working direct and cutting them out. In addition under an opt-in, the contractor must be paid, even if the client does not pay or sign a time sheet.

https://www.ipse.co.uk/sites/default...lations-v1.pdf

Withholding of payment:
Regulation 12 - Employment businesses will no longer be able to withhold workers’ pay purely because, for example, the
employment business has not received payment from the client or because the worker cannot produce an authenticated
timesheet.
This is one of the most popular reasons contractors choose to remain opted-in to the Conduct Regulations.

http://ukcontractors.org/agency-must...ned-timesheet/

Regulation 12 – Timesheet

now prohibits the agency from withholding payment because a timesheet is not signed.

It does not prohibit the use of time sheets and if a signed timesheet is not produced the agency is probably entitled to delay payment for a short time whilst enquiries are made to ascertain whether the work was carried out, but, crucially, it does prevent the agency making a signed timesheet an absolute pre-condition for payment thus avoiding the Catch-22 situation just described

but thanks for putting the effort in to find out yourself.

[kaiser78]

Yes I could have done but needed a quick response, and so posted on the off chance that someone could answer off the top of their head, for which I am grateful.

[missinggreenfields]

Can anyone please clarify - if you are opted in, does this oblige the agency to pay the contractor regardless of whether the contractor timesheet has been approved, or only regardless of whether they have been paid by the client co ?

Neither. The agency must pay as long as you can prove that you did the time that you are invoicing for. The easiest way to do that is by having an appropved timesheet, but in the absence of that if you can prove you did the work then that's all that you need to demand payment.

[SlipTheJab]

Neither. The agency must pay as long as you can prove that you did the time that you are invoicing for. The easiest way to do that is by having an appropved timesheet, but in the absence of that if you can prove you did the work then that's all that you need to demand payment.

That's always got me, how do you prove you've done the work without a written timesheet?

[missinggreenfields]

That's always got me, how do you prove you've done the work without a written timesheet?

Email trail that shows you were there each day, signing into the building visitor book, eyewitness accounts that you were in the building.

[northernladuk]

That's always got me, how do you prove you've done the work without a written timesheet?

One of the links I posted above actually mentions that and while o was searching a thread on here can up pointing this out saying opt in isn't as good as it says on the tin. It's what they should do. Reality can be different as we know. Was in interesting twist.

But anyway, yes it shouldn't be hard to prove you were there. Just might take some arguing.

[SueEllen]

One of the links I posted above actually mentions that and while o was searching a thread on here can up pointing this out saying opt in isn't as good as it says on the tin. It's what they should do. Reality can be different as we know. Was in interesting twist.

But anyway, yes it shouldn't be hard to prove you were there. Just might take some arguing.

Proving you were there isn't enough to prove you actually did the work.

This is one reason why I often use my own business email or equipment. Interestingly the only clients I've not been allowed to do this with have been honest about payments....