Agency holding onto my money

[contractorabc]

I’m hoping you guys can help give me some advice with my situation….

I’m working through an umbrella company for my first contract, purely for convenience and will then be looking to set-up my own company after this contact. The client I’m working for has paid my agency but the agency won’t transfer the funds to my brollie. Both myself and my umbrella company have been chasing up the payment but the agency won’t reply to emails and never return our calls.

I’m considering taking the umbrella company to an employment tribunal as they are my employer, to try and recover the money and was wondering whether anyone else had experienced a similar problem and what was the outcome?

Your thoughts & advice would be much appreciated

[BrilloPad]

what is the name of the agency? can you visit them in person? do you think its cos the agency does not like the brolly or that the agency are going bust?

do not submit a second invoice until this is sorted out.

[DS23]

what are the timeframes? i mean - when was the invoice due to be paid by the agency?

[foritisme]

Are they a large well known agency ?

How many payments have they received and not passed on ?

Have you talked to the client ?

Have your timesheets been completed in accordance with their instructions ?

(I know it would be nice if they told you they hadn't, but one guy I worked with wasn't getting paid till he realised he was faxing his timesheets to a previous agency - no one said a word to anyone else)

[mictech]

I had a agency try this once, 30 days is maximum payment period if all the paerwork is done.

I told them I was going to that them to the small claims court. You can add the cost to them and interest, but they suddenly paid up.

[DS23]

I had a agency try this once, 30 days is maximum payment period if all the paerwork is done.

I told them I was going to that them to the small claims court. You can add the cost to them and interest, but they suddenly paid up.

i tried that to an agency that didn't pay. they went down the toilet and i got nothing.

but at least it was worth a try

and i should have done it immediately they defaulted.

time wasted is money lost.

[John Galt]

Just one question - why would you sue the brollie when it's the agency that hasn't paid

[contractorabc]

Just one question - why would you sue the brollie when it's the agency that hasn't paid

I'm suing them because they are my employer. Surely they have a legal obligation to pay me as their employee regardless of whether or not they have received the funds??

To answer a few other questions:

I don’t want to give out the agency name at this point, at least not until I have taken this further.

Timesheets have been submitted correctly and have previously be paid no problem

The agency is based too far away and would need a day off work to pursue

There are two invoices which are now over 30 days overdue, shan’t be submitting any further timesheets until this is sorted

I’ve talked to the client but they have said it’s out of their hands

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Thanks for the responses guys, how do you reckon I should go forward?

[DS23]

if you are on site - get off NOW.

[ASB]

"'m suing them because they are my employer. Surely they have a legal obligation to pay me as their employee regardless of whether or not they have received the funds??"

Yes. But that will probably not yield the result you hope for. What you think of as your wages - presumably your rate less the brolly cut and what your wages actually are may turn out to be somewhat different.

Read your contract of employment very carefully.

It is quite likely that your brolly has this covered.