Approved timesheet and not paid

[WTFH]

Thanks

OK, so if the timesheet was approved before 30th November, you would have expected to be paid on 21st December.

Did any of your other timesheets for November get paid, or did you only work one week for that client/agency?

[Fred Bloggs]

OK, so if the timesheet was approved before 30th November, you would have expected to be paid on 21st December.

Did any of your other timesheets for November get paid, or did you only work one week for that client/agency?

Could be a monthly timesheet? Perhaps.

[Fred Bloggs]

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?

If there is no opt out, then you are by default opted in. That is a good thing in this circumstance. Unless the agency goes insolvent, I reckon they'll have to pay you whether the client pays them or not. But they'll do everything to delay that outcome.

[northernladuk]

OK, so if the timesheet was approved before 30th November, you would have expected to be paid on 21st December.

Did any of your other timesheets for November get paid, or did you only work one week for that client/agency?

And if that is the case they they could be forgiven as it's technically only a couple of working days late at this point. But the devil is in the detail which appears not to be very forthcoming.

[ApeShape]

OK, so if the timesheet was approved before 30th November, you would have expected to be paid on 21st December.

Did any of your other timesheets for November get paid, or did you only work one week for that client/agency?

The last payment I received was in November, and that's for the previous months work. I've been with that client since the end of August. If you had to go through the motions of this, would you send a final demand for payment to the agency specifying the facts and quoting AWR. Failing that, then issue a Letter Before Claim (hopefully they'd settle before that) and if all else fails issue a Claim with the small claims court? Just trying to figure out my process here if the preferred option (communication) inevitably fails and they try and wriggle out of it. If I'm honest (and I wish I could name names) this agency have been the absolute pits in terms of getting paid on time. Chase chase chase chase.

[northernladuk]

The last payment I received was in November, and that's for the previous months work. I've been with that client since the end of August. If you had to go through the motions of this, would you send a final demand for payment to the agency specifying the facts and quoting AWR. Failing that, then issue a Letter Before Claim (hopefully they'd settle before that) and if all else fails issue a Claim with the small claims court? Just trying to figure out my process here if the preferred option (communication) inevitably fails and they try and wriggle out of it. If I'm honest (and I wish I could name names) this agency have been the absolute pits in terms of getting paid on time. Chase chase chase chase.

First, tell us when you were due to be paid. Was it the 21st? If it was then you are going way over the top. It's only a few days late. You'd need to sort out your opt in/out status if you want to go down the legal route because at the moment if the client hasn't paid the agency and it's in your contract then that stands. You'll get your money when the agency gets it.

If the recruiter hasn't been paid they will be just as eager to chase the payment as you are as they haven't got their cut either. It's not like the recruiter doesn't care. It's their income as well.

So... tell us EXACTLY when the payment was due. If it's 21st then you are no where near legal yet. Just keep on at the recruiter for regular updates and some info on how often the client does this and so on. You say the agency is alway paying late so if you are only a few days after the 21st then you are just chasing again. No point looking at going legal at this point.

Check your contracts to see what your opt in/out status is and ask the agent what they think you are in the meantime.

[WTFH]

I wish I could name names

Why can't you name names?

As for next steps, they are currently 7 business days late (or 6 if Scottish).

You've not made it clear here whether you have submitted timesheets for the month of November or just the first week, and if the cageyness of your answers on here reflects your responses to the agent, then you'll not be getting far fast.

If it was me, I would be politely asking if they know why you have not been paid yet. The follow up is "when will I be paid?" and if they mention their customer, ask them when they plan to chase the customer. I'd also make sure all the communications were in writing/email.

You might want to look at this old thread to see if the agent is mentioned:
https://forums.contractoruk.com/busi...-to-avoid.html

[ApeShape]

Why can't you name names?

As for next steps, they are currently 7 business days late (or 6 if Scottish).

You've not made it clear here whether you have submitted timesheets for the month of November or just the first week, and if the cageyness of your answers on here reflects your responses to the agent, then you'll not be getting far fast.

If it was me, I would be politely asking if they know why you have not been paid yet. The follow up is "when will I be paid?" and if they mention their customer, ask them when they plan to chase the customer. I'd also make sure all the communications were in writing/email.

You might want to look at this old thread to see if the agent is mentioned:
https://forums.contractoruk.com/busi...-to-avoid.html

Cageyness as I'm trying not to get doxxed. But besides, I submitted my final timesheet for the first week of November at the end of the month. This was approved before the month was out and I had expected a payment to be made. I'm still chasing but responses are hit and miss.

[ApeShape]

First, tell us when you were due to be paid. Was it the 21st? If it was then you are going way over the top. It's only a few days late. You'd need to sort out your opt in/out status if you want to go down the legal route because at the moment if the client hasn't paid the agency and it's in your contract then that stands. You'll get your money when the agency gets it.

If the recruiter hasn't been paid they will be just as eager to chase the payment as you are as they haven't got their cut either. It's not like the recruiter doesn't care. It's their income as well.

So... tell us EXACTLY when the payment was due. If it's 21st then you are no where near legal yet. Just keep on at the recruiter for regular updates and some info on how often the client does this and so on. You say the agency is alway paying late so if you are only a few days after the 21st then you are just chasing again. No point looking at going legal at this point.

Check your contracts to see what your opt in/out status is and ask the agent what they think you are in the meantime.

Yes, payment was due exactly on the 21st. How much time is reasonable for chasing. It's pretty easy to ignore emails and let calls go to voicemail which is happening a lot. Also, how do I sort out my opt/in status? The assignment has finished (it did so after the first week of November) so I'm not sure if that has any bearing?

[Fred Bloggs]

Yes, payment was due exactly on the 21st. How much time is reasonable for chasing. It's pretty easy to ignore emails and let calls go to voicemail which is happening a lot. Also, how do I sort out my opt/in status? The assignment has finished (it did so after the first week of November) so I'm not sure if that has any bearing?

You can't "sort out" the opt in or out status retrospectively. You are either opted in or you are opted out. I suspect you are opted in since you have no recollection of opting out of the agency regs. The opt out has to be done right at the start of your recruitment. If it wasn't, then my understanding is by default you are opted in. That is a good thing for you in the case of the client not paying the agency. Check all the documents and communications relating to this gig, right back to the very first time you spoke with the agent.