I was interviewed by an NHS Trust in February, and signed a contract with my usual agency on 9/2 to start on 12/2. A rate was agreed (£40 a day) and written in the contract, agreed to be outside IR35 (but this wasn't stated in the contract).
I had performed a role with this agency before, with a different NHS trust, using a deliverables-based contract to keep outside IR35.
During my second week of the contract, I was informed that the Trust's finance department had decided that the role was in fact inside IR35. The agency would not set me up on the timesheet system until it had been sorted. So obviously I couldn't get paid.
I calculated a new rate (with legal/accountants advice) and supplied this to the trust. This has gone to senior management for approval.
I'm now into week 5 of my contract and still haven't submitted a timesheet or been paid a penny. I have today stated I am no longer doing any work until this is sorted. I was then informed that a suggestion was going to be put forward to put me on a fixed term contract at a much lower rate!!!
I am flippin furious and now having a financial crisis. Can I just submit a separate electronic and formal invoice to the agency for work completed up to now at the rate agreed on my contract? And then just assume the contract is not going to carry on and look for another job, or until they agree to pay me the new rate?
thanks for any help
I had performed a role with this agency before, with a different NHS trust, using a deliverables-based contract to keep outside IR35.
During my second week of the contract, I was informed that the Trust's finance department had decided that the role was in fact inside IR35. The agency would not set me up on the timesheet system until it had been sorted. So obviously I couldn't get paid.
I calculated a new rate (with legal/accountants advice) and supplied this to the trust. This has gone to senior management for approval.
I'm now into week 5 of my contract and still haven't submitted a timesheet or been paid a penny. I have today stated I am no longer doing any work until this is sorted. I was then informed that a suggestion was going to be put forward to put me on a fixed term contract at a much lower rate!!!
I am flippin furious and now having a financial crisis. Can I just submit a separate electronic and formal invoice to the agency for work completed up to now at the rate agreed on my contract? And then just assume the contract is not going to carry on and look for another job, or until they agree to pay me the new rate?
thanks for any help
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