Company Refusing to Sign Off Timesheet!

[allies]

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

[WTFH]

For 2.5 days, I'd forget about it.

Without knowing the reasons why you walked then it's difficult to know why you think you should be paid when you breached the contract.

[Lance]

For 2.5 days, I'd forget about it.

Without knowing the reasons why you walked then it's difficult to know why you think you should be paid when you breached the contract.

This ^^^^^

The only other thing you might do is tell them you didn't opt out (did you or not?) and make them prove it. If they can't find the proof you might be able to get the 2,5 days as long as you can prove you did work. It will be a lot of effort though and probably take more than 2.5 days of your time.

[unixman]

It doesn't help now, but if a contract goes disastrously wrong, rather than walking out, call the agent and have both sides agree to an amicable early termination date.

Eg. if you decide you can't take any more on Tuesday, arrange an early termination on, say, Friday. You will be paid until then, and unpleasantness is kept to a minimum.

Just curious, was this public sector?

[TheFaQQer]

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.

Did you really opt out, or is it just that the agency thinks you did?

When did you sign the opt out? When did the umbrella company sign the opt out? When were you introduced to the client? Those are the important dates to know here regarding the opt out - because if there is a chance that you didn't opt out of the regulations then they must pay you for the work that you completed, whether they like it or not.

Of course, that might encourage the agency to sue your employer for breach of contract, and for 2.5 days that might not be worthwhile.

[allies]

For 2.5 days, I'd forget about it.

Without knowing the reasons why you walked then it's difficult to know why you think you should be paid when you breached the contract.

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.

[PerfectStorm]

Eg. if you decide you can't take any more on Tuesday, arrange an early termination on, say, Friday. You will be paid until then, and unpleasantness is kept to a minimum.

Can't see what's in that for the client. "I've decided I'm going to quit, but to make things easier I'm giving you the pleasure of paying me for the rest of the week"

[NotAllThere]

For 2.5 days, I'd forget about it.

Without knowing the reasons why you walked then it's difficult to know why you think you should be paid when you breached the contract.

If the OP did the work, regardless of whether they're opted out or not, they may still have an entitlement to be paid. The end client can refuse to pay on grounds of the work being not up to scratch, but "You breached your contract by walking out Wednesday, so I'm not paying you for the work you did Monday and Tuesday" doesn't seem to me to be a valid or legal reason to withhold payment, or not sign the timesheet.

The breach of contract might be defensible on the basis of an intolerable work environment. If the bullying amounted to criminal harassment, even more so. That'd be one for a judge to figure out. Probably not worth the effort.

However, if the Agency is saying "we won't sue you for breach if you don't push your claim for those 2.5 days", then it's probably sensible to accept the loss.

IANAL.

[northernladuk]

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.

Are you also happy to pay the money you owe for breaching contract?

[tarbera]

simples

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.

If your notice period was 4 weeks, Just give them 3.5weeks money back for breaching your contract.

Bulling only works if you were an employee