Approved timesheet and not paid

[ApeShape]

Wonder what legs I have to stand on against Mr Recruiter. I have a signed timesheet from the consultancy but despite this I haven't been paid. The recruiter claim that the consultancy haven't paid them. Obviously, they don't want me to chase the consultancy. But why should I? The obligation is between me and the recruiter.

Yes, I'm aware of the dunning process, escalation etc but is there any way to gauge any realistic prospects here? It's a good solid week of work I'm down. Letter before claim might be an option, headed by a law firm I presume (Maybe IPSE can help although I'm not a member...)

Speaking to Mr recruiter's AP department apparently they have some sort of 'get out' clause on the contract though I don't take that claim at face value, I'll have another look at the wording on my contract even though it's an American one with a US state is the applying jurisdiction (the recruiter is UK based but with a US HQ)

Thoughts?

[jamesbrown]

I think you answered your own question. With a signed timesheet, there is no reason it shouldn't be paid other than the reason for the client not paying the agent (e.g., client has gone tits up), so you need to start the dunning process. However, if your contract with the agency says that payments are conditional upon the client paying the agent, you'll need to wait. Remember it's a holiday period so perhaps there's a straightforward delay. Having a contract with US jurisdiction and governing law complicates matters, but that's a weird scenario if the agent is based in the UK.

Being a member of IPSE might've helped, depending on the reasons for non-payment. For example, if the agency or client had gone into administration, it would help (agency/client default cover). Likewise, if there was a breach of contract (contract failure cover).

tl;dr: re-read your contract, specifically payment terms, then start dunning.

[ApeShape]

I think you answered your own question. With a signed timesheet, there is no reason it shouldn't be paid other than the reason for the client not paying the agent (e.g., client has gone tits up), so you need to start the dunning process. However, if your contract with the agency says that payments are conditional upon the client paying the agent, you'll need to wait. Remember it's a holiday period so perhaps there's a straightforward delay. Having a contract with US jurisdiction and governing law complicates matters, but that's a weird scenario if the agent is based in the UK.

Being a member of IPSE might've helped, depending on the reasons for non-payment. For example, if the agency or client had gone into administration, it would help (agency/client default cover). Likewise, if there was a breach of contract (contract failure cover).

tl;dr: re-read your contract, specifically payment terms, then start dunning.

Thanks....looking at the contract, any thoughts on this?

Notwithstanding the foregoing, we may from
time to time or at any time withhold or delay payment to you in the event we have
not received associated payment(s) from the Hirer in respect of the Services.

Ugh

[jamesbrown]

That is unfortunate. I don’t work with agents, but it seems to me that the whole point of contracting via an agency (from your POV) is to avoid payment terms that depend on when the client pays the agent. Otherwise, there is little benefit of contracting with an agency. Are you still working for this client? If the agent has been clear about the reasons for non-payment, you could provide the client with an opportunity to rectify before withdrawing services, but you should bear in mind that it might be a breach of contract with the agency and might destroy your relationship with the client. Nevertheless, you cannot continue to work for free.

[WTFH]

How delayed are we talking?

1. What date was the work carried out?
2. What date did you submit your invoice?
3. Contractually, how many days/weeks after submitting your invoice do you get paid?
4. In reality, how many days/weeks after submitting your invoice do you get paid?

[eek]

Not withstanding the clause regarding payment when paid it does depend on whether you are opted in or opted out of agency regulations.

If you have properly opted out of agency regulations there is little you can do but unless you opted out very early on in the process (i.e. as part of the agency's submission process) chances are the opt it is invalid and I would be using that as your argument to recover payment.

[northernladuk]

How delayed are we talking?

1. What date was the work carried out?
2. What date did you submit your invoice?
3. Contractually, how many days/weeks after submitting your invoice do you get paid?
4. In reality, how many days/weeks after submitting your invoice do you get paid?

This. Late payment is pretty common but thankfully it's not common that you don't get paid at all so just need to find the above out and take it step by step.

[ApeShape]

Not withstanding the clause regarding payment when paid it does depend on whether you are opted in or opted out of agency regulations.

If you have properly opted out of agency regulations there is little you can do but unless you opted out very early on in the process (i.e. as part of the agency's submission process) chances are the opt it is invalid and I would be using that as your argument to recover payment.

I'm not sure I was even aware of this. The agent never mentioned any sort of opt outs. Interesting. If I need to put this in writing, can you point me in the right direction?

[ApeShape]

How delayed are we talking?

1. What date was the work carried out?

First week of November

2. What date did you submit your invoice?

No invoice, I simply submitted a timesheet and this was approved at the end of the month.

3. Contractually, how many days/weeks after submitting your invoice do you get paid?

Payment is meant to fall on the 21st. So, November work should have been paid in December. We're now past NET 30.

4. In reality, how many days/weeks after submitting your invoice do you get paid?

Per above really.

Thanks

[malvolio]

I'm not sure I was even aware of this. The agent never mentioned any sort of opt outs. Interesting. If I need to put this in writing, can you point me in the right direction?

No point. You aren't opted out if you haven't at some point explicitly done so before starting work, so the Agency Regulations will apply.

But if you look to the right of the page you will see a link called "Agency Workers Regulations". That would be a good start.