Advice on contractor non-payment

[drushton]

Hi all,

I’m new here and regularly read the forum but I have a question I’m hoping someone can help me with!

I’m a contractor operating via my ltd company and I was placed in a role via an agency. In my first week at the role I was admitted to hospital so I had to take that day I was admitted to hospital off work and the day after. I got a ‘fit note’, even though it wasn’t required. I kept my employer and the agency informed and my agency told me not to worry. It wasn’t ideal in my first week but my health comes first. The company I was working for was a small company and they expressed that it was unfortunate and they understood but they needed someone to be present those two days and so they didn’t require any more time from me.

This was expressed in an email as I was on my way to work. They told me that the agency had been informed but the recruiter who had placed me in the role didn’t inform me.

I tried calling the recruiter, whom I have a good and long relationship with as they’d placed me in other roles, but no answer. I got a reply to an email simply saying that they were waiting on a timesheet approval for my days worked that week. This was before Christmas and since then my timesheet had been rejected my the employer and all my calls and emails have been ignored, except from the recruiter telling me he’s “working on it”.

I noticed the recruiter had changed his direct dial in his email signature, maybe to prevent me calling. I’m not sure.

On my contract it states that I have 1 weeks notice with the agency, which I’ve asked about and had no reply.

Because my timesheet has been rejected it’s meant I’ve missed the payment cycle three times and I’m beginning to wonder whether I’ll be paid at all and if they’re just hoping I disappear?

So my question is, how should I approach this? I don’t want to burn bridges but I want to be paid and I want to know where I stand with my one weeks notice period?

[northernladuk]

I kept my employer

They are NOT your employer. This is contracting 101. You need to understand this.

they understood but they needed someone to be present those two days and so they didn’t require any more time from me.

So you've been let go. Unfortunate but somewhat understandable.

I tried calling the recruiter, whom I have a good and long relationship with as they’d placed me in other roles, but no answer. I got a reply to an email simply saying that they were waiting on a timesheet approval for my days worked that week. This was before Christmas and since then my timesheet had been rejected my the employer and all my calls and emails have been ignored, except from the recruiter telling me he’s “working on it”.

Doesn't really mean much but what is your opt in/out status?

I noticed the recruiter had changed his direct dial in his email signature, maybe to prevent me calling. I’m not sure.

I very much doubt that.

On my contract it states that I have 1 weeks notice with the agency, which I’ve asked about and had no reply.

Irrelevant I am afraid. I'll explain later.

Because my timesheet has been rejected it’s meant I’ve missed the payment cycle three times and I’m beginning to wonder whether I’ll be paid at all and if they’re just hoping I disappear?

Paid for what? First 2 days where you delivered absolutely nothing. You can see why they are hoping that.

So there are quite a few things in this situation. Firstly lets deal with your notice period. It's irrelevant. You work on a time and materials basis and you only get paid for work you do. They could give you your notice but ask you not to attend site and you still don't get a penny. If they withdraw the work there is nothing to bill for. Effectively instant termination so forget the notice period issue.

With regard to the two days. Yes, legally you should get paid as you worked them. The problem is a small company that probably doesn't have a lot of money is being asked to pay for absolutely nothing. You can see why they don't want to pay. If a builder turned up at your house and you spend a day talking to him about what he wants doing and then he disappears but charges you for that day you'd be telling him to take running jump as well.

The only way you are going to get your money is to take it legal, which you won't do, so the issue is really dead in the water. You could attempt to follow a dunning process with the agent and point out you'll be charging interest as per the late payments act but they won't pay up as they haven't had anything from the client. If there is a clause in your contract saying you don't get paid unless the client pays then the agent doesn't have to pay and you'll get nothing.

I very much doubt the agent is going to cause a fuss with a client over 2 days commission so they really won't put any effort in to chasing this just to keep the client on board so the money is never going to appear.

Bottom line is, unless you are genuinely going to go legal on this you won't get your money.

[GhostofTarbera]

You are your own employer if you have a limited company

If you hired a plumber to tile your bathroom and he went sick - would you pay him for doing nothing ?

Apply same question to yourself

Move on


Sent from my iPhone using Contractor UK Forum

[WLB2018]

All that needs to be said has been said.

Chalk it up to experience and move on.

I would like to add; given the amount of information available on this site (and before I became a contractor I think I read it all at least twice!) and perhaps again after I got myself an accountant! I digress, I find it incomprehensible that newbie contractors are getting the basics wrong! Do people not do their due diligence before making such a life changing step!

Yes; I am sure I have asked daft questions when I first started but not to the degree of some of the posts recently.

This isnt aimed directly at the OP, but just a general observation of some of the recent posts by new members who are posting for the first time.

Anyway, Happy New Year....

WLB.

[simes]

An interesting question, the bit added after nothing more needed to be said on the OP's topic...

I couldn't possibly comment on whether this is true simply because;

1. I can't remember the stupidity of my original questions,
2. And, only recently, someone decided in their infinite wisdom that; a) I wasn't a contractor and b) English wasn't my first language. So, who knows how I, or indeed anyone, comes across?

That said, when initially joining this site many years past, I do remember a regular jape carried out by some contractors was to visit some random forum and purposely asking silly questions for the amusement of those from This forum.

One such example was when a bunch of contractors visited a caravanning forum. I did laugh.

Are we being visited by others in a similar vein?

[Old Greg]

You may have the right to get paid for the two days worked but no more. How far are you prepared to go to get paid? You could try a letter before action. I can't help feeling there is more to this story.