Company Refusing to Sign Off Timesheet!

[WTFH]

To be blunt, there was bullying. I've mentioned this to the agent but they have glossed over it. I'm not a litigious person and don't want to have to bring it up again, I just want the money I am owed.

I'm sorry to hear that there was bullying involved, one tip - never "mention" anything to an agent, always make sure it's in writing, then should you ever need to take them to court you'll have evidence.

[VillageContractor]

I'm sorry to hear that there was bullying involved, one tip - never "mention" anything to an agent, always make sure it's in writing, then should you ever need to take them to court you'll have evidence.

^^^^ This. A paper trail is always important.

[tarbera]

??

^^^^ This. A paper trail is always important.

how so? he was a contractor who walked out the door?

what rights do you think he had/has that would be helpful in a court of Law over this contract?

[WTFH]

how so? he was a contractor who walked out the door?

what rights do you think he had/has that would be helpful in a court of Law over this contract?

The advice was not specific to this case, but in general one should always keep things in writing with agents, particularly regarding problems.

[NotAllThere]

how so? he was a contractor who walked out the door?

what rights do you think he had/has that would be helpful in a court of Law over this contract?

To us it might seem black and white, but lawyers are experts at fudging matters. For example see here.

"Employers have a duty of care for all their employees to prevent bullying and harassment. They also have responsibilities under the Health and Safety at Work Act 1974 for the welfare of employees."

It could be argued that the workplace in this case was the client's offices. The brolly had a duty to pull its employee out of the client, as soon as it became clear that systematic bullying was taking place. (This would work better if the contract was via a ltd co). Here are two ways it could go:
1. There was no breach of contract, because the Act above trumps any contractual term.
or
2. The client was in breach of an imputed term of duty of care to the worker provided by the agency, and so the agency was also in breach.

IANAL - who knows what would happen in court? But my knowledge and experience of matters legal is that if you can muddy the waters enough, then you might be mitigate even the consequences of a finding, e.g. that you did breach the contract, thus reducing damages awarded. Agencies attempt this kind of muddying all the time - which is why a paper chain is vital if you want to go to court about it.

I still don't recommend it in this case! A lot of work for a case that you might even lose, over a £1000 invoice?

[BR14]

how so? he was a contractor who walked out the door?

what rights do you think he had/has that would be helpful in a court of Law over this contract?

and had signed a contract requiring 4 weeks notice of termination.
walking out of a gig in a petulant fit isn't what i'd call professional behaviour.
Give notice and ask if they want you to work it, maybe

[washed up contractor]

Hello,

I was hoping someone might be able to help me.

I left a contract in January. I won't go into details, but in 13 years of contracting I've never just walked out without working notice before, so that should say it all.

The company I was working at are refusing to sign off my time sheet for that week (2.5 days). The agency I was working through are also saying they will not issue the funds to my Umbrella. Below is their response:

As per the signed contract you have opted out of the agency worker regulations…these apply only to assignments within the scope of the regulations.
In line with the industry all of our contracts include an opt out provision.
You cannot make a claim to an employment tribunal because this isn’t an employment issue.
I would also remind you, that you are in breach of contract for failing to serve your 4 weeks’ notice.
Having spoken to the client they have confirmed they will not be approving your time and as such I would like to bring this matter to a close.
I can advise any claim made against the business in respect of these two and a half days will be countered with a claim in respect of the 4 weeks’ notice which hasn’t been served.

I don't know what to do. I tried speaking to ACAS for some advice, but I'm not sure they understood the full situation. Has anyone had this happen before?

Thanks in advance
Allie

If you have worked the days and have some evidence of being on site etc, they cannot withhold monies. Simple as. 2.5 days could be the thick end of nearly a grand. And even if it is not, the amount may still be sizeable to you. As for walking out you can argue constructive dismissal or health issues why you did not work the notice.

[tarbera]

As for walking out you can argue constructive dismissal or health issues .

If you are a permie after 2 years service and have 100% evidence - perhaps

This happens all the time in the real world

OP - can you tell us how you were bullied ?


A permie at my last client claimed they were bullied when the boss asked her to work late one night to finish an urgent report - and she had Zumba

[northernladuk]

If you have worked the days and have some evidence of being on site etc, they cannot withhold monies. Simple as. 2.5 days could be the thick end of nearly a grand. And even if it is not, the amount may still be sizeable to you. As for walking out you can argue constructive dismissal or health issues why you did not work the notice.

Constructive dismissal?? Really?

[NotAllThere]

...you can argue constructive dismissal or health issues...

Contructive dismissal? No, that's for employees with 2 years service. Health issus might be a goer if he got signed off by the doctor for stress - that might be sufficient to frustrate the contract (Force Majeure).

Yes, it is the thick end of a grand, but given that it'll probably take more than 2 days effort - non-billable - it's probably not worth it, especially if the agency counter sue.