Delayed contract start due to incompetence of on-boarders - who foots the bill?

[FullArmSink]

It's not billable. You didn't work it.

Hmmmm. The legal advice I've just been given (helps to have an employment lawyer in the family) is that actually, it is billable, as I was ready, willing and able to work, and as stated, the delays were caused entirely by the agency employed by the company in question.

As you can probably guess from my status, I'm new to the forum (although not to contracting). Are you well versed in the legalities of this matter, or did you just fancy throwing your oar in?

[northernladuk]

Check your contract. It will.probably say you get paid upon receipt of a signed timesheet. No work, no timesheet, no pay. It's a very common topic that comes up when contractors don't work and don't get paid. It's the same reason you don't get paid when the client asks you not to come in over Xmas or bank holidays. It's the T&M way we work.

On top of that it may say you only get paid when the agency gets its money. The client won't pay for days you don't work so the agency can't pay you.

If you got court the story might change... But going to court over one day isn't going to happen.

[washed up contractor]

I am due to start a new contract this week. I signed the initial contract over two months ago and have completed all the required on-boarding checks as soon as any have been presented to me. Due to the incompetence of the on-boarding agencies however, these checks were not confirmed to have been completed in time for me to start my contract on the agreed date (believe me, both I and my agency have chased this at every turn over the last few weeks, but the sheer incompetence of the relevant on-boarding agencies is quite staggering).

The on-boarding agencies have finally confirmed they're ok to let me on site, but I was unable to start on the agreed date. I don't see why I or my company should be penalised financially for this delay.

I have also this evening been asked to sign an amendment to my contract stating the start date as tomorrow. So far I am refusing, as I do not want this to be taken as my acceptance of the delay and therefore a waiver of a billable day.

From what I understand (I'm joining a rather large organisation), I'm not likely to be the only one in this position.

What is my best course of action? Advice appreciated.

(Out of interest, the on-boarding process commenced in late March, and both I and my agency have been scrupulously prompt in providing all required information and completed forms throughout).

Sue the on boarding agency \ company. That'll learn them!

[Bee]

Hmmmm. The legal advice I've just been given (helps to have an employment lawyer in the family) is that actually, it is billable, as I was ready, willing and able to work, and as stated, the delays were caused entirely by the agency employed by the company in question.

As you can probably guess from my status, I'm new to the forum (although not to contracting). Are you well versed in the legalities of this matter, or did you just fancy throwing your oar in?

I understand you could consider a breach of the contract and ask a compensation for that day but would be worth it starting a "war"?

My question is if it were the other way around, for example, if you breach a contract for one day, how the agencies use to react?

[washed up contractor]

Hmmmm. The legal advice I've just been given (helps to have an employment lawyer in the family) is that actually, it is billable, as I was ready, willing and able to work, and as stated, the delays were caused entirely by the agency employed by the company in question.

As you can probably guess from my status, I'm new to the forum (although not to contracting). Are you well versed in the legalities of this matter, or did you just fancy throwing your oar in?

[northernladuk]

I understand you could consider a breach of the contract and ask a compensation for that day but would be worth it starting a "war"

But it's not breach of contract.... And war? Really? Jesus.

[NotAllThere]

Hmmmm. The legal advice I've just been given (helps to have an employment lawyer in the family)...

You're not employed.

[SueEllen]

Hmmmm. The legal advice I've just been given (helps to have an employment lawyer in the family) is that actually, it is billable, as I was ready, willing and able to work, and as stated, the delays were caused entirely by the agency employed by the company in question.

As you can probably guess from my status, I'm new to the forum (although not to contracting). Are you well versed in the legalities of this matter, or did you just fancy throwing your oar in?

It's not employment law though as you aren't in an employer-employee relationship, it's commercial contract law so different.

Plus there is likely to be a clause in the contract that covers delayed starts. Lots of agencies started putting them in to cover situations like this. If there isn't such a specific clause then yes ask to be paid for the day.

You will have to take it up with the director of the agency as your agent won't have that authority - send them an email, phone them then finally send them a letter. In other words expect that you will have to bug them like you should have done to the people you put on the form as they may go on holiday....

[SueEllen]

I understand you could consider a breach of the contract and ask a compensation for that day but would be worth it starting a "war"?

My question is if it were the other way around, for example, if you breach a contract for one day, how the agencies use to react?

It isn't a breach of contract but I do agree is it really worth starting a disagreement?

The agency knowing you will be renewed at 3 months can decide to find the client a replacement for the OP due to being out of pocket for one day.

[WTFH]

So, did you sign the contract or not?
Is there a probationary period in it?
Are there any clauses in it which allows the client or agent to terminate you with little notice?