Client not approving my timesheets or paying my days worked

**NotAllThere** · 31 August 2021, 06:20

What were the payment terms?
How long have you been waiting?
Your contract is with the agency. They are responsible for your pay.
Why aren't they paying?

**ladymuck** · 31 August 2021, 08:11

Do you have signed time sheets from the client, confirming the work was done? If not, why not?

**lorakeen** · 31 August 2021, 08:29

if you have signed timesheets, the agency needs to pay.
If you don't... that will be messy.

**northernladuk** · 31 August 2021, 08:55

Originally posted by bhaviksheth View Post

I worked for an inside IR35 contract through a recruitment agency for a few weeks and they are not paying for my all of my time worked there.

Why only a few weeks? Did you leave early? Are they not paying because you breached contract by leaving early or anything? If there is something more to this story you need to tell us or we can't help you properly.
Did you have a proper signed contract before you started?
Are they paying your LTD or are you via an umbrella?

Is the agency liable to pay for my days worked or the client? My contract was with the agency and their contract was with the client.

You need to check your contract. Does it say anything about the agency not paying if the client doesn't pay them?
Does it say you will be paid upon a signed timesheet or anything? What are the terms regarding payment in contract?

I have sent a few emails and phone calls to the agency with no response. They are avoiding me and seem to be hoping the problem goes away.

Send more emails and more phone calls. They will get away with it if you stop doing it. I can't believe a decent company won't answer the phone to you. How do they know it's you? If you are calling a mobile number then try someone elses mobile or block the number.
It's essential you speak to someone to find out what the score is. Agencies don't generally withhold people's money for no reason at all so something sounds a little odd here. Keep ringing them until they get so sick of you they'll have to answer.

I am not sure how the legal procedure would work for an inside IR35 contract. What are my next steps? Do I hold the agency or client responsible for my earnings? Should I send a notice by email and by mail to the registered address of the agency?

You have no relationship with the client as you mentioned, it is the agency you have a contract with. You could do both of those at some point but I find it very difficult to believe there is no way to speak to them on the phone. You need to know why they won't pay you so keep ringing them.

If the situation escalates, would I need to take them to a small claims court to retrieve my earnings? I am also considering adding 8% interest (which I read somewhere) in the next notice to encourage them to pay me otherwise the cost will continue to increase for them.

It's unlikely you'll do that. It's not free to go to small claims so very often just won't happen. The threat needs to be there but you need to do it after you've exhausted all other avenues. A simple threat will just have them laughing in the isles as most people that threaten court have no idea what to do which means they won't take it that far. Small claims won't consider it until you've been through mediation as well so until you've spoken to them then that route is available.

Speak to them on the phone, get an explanation why they won't pay and then go from there. I am pretty sure there will be a reason why which you need to work out. If there isn't or they are wrong then you keep dunning them (google it) to show you mean business and if that fails you could look in to the legal route. It costs around £700 to go to small claims plus time off to attend and you'll probably need a solicitors letter which will cost even more so unlikely you'll do this.

**northernladuk** · 31 August 2021, 08:57

Originally posted by luxCon

Are you inside of IR35 or Outside?

If outside, then what are you complaining about? Its all part of the game

Did you read 6th word of his very first sentence didn't you? I'll quote it for you just in case it's difficult to find it.

I worked for an inside IR35 contract through a recruitment agency for a few weeks and they are not paying for my all of my time worked there.

That help?

**eek** · 31 August 2021, 09:33

so questions

1) do you have signed timesheets for all the work you did? If not do you have evidence that you did the work
2) Why did you leave early? Where you terminated or did you leave? If you left did you work the notice required?
3) where you being paid by agency payroll directly or via an umbrella?

With answers to those questions we can start working out what you should do next.

Client not approving my timesheets or paying my days worked