Contract signed but then....

[Grant Holman]

So I sign a contract to with one of the big consultancies who are doing a major project for a client I have previously contracted directly at over many years (client is very keen to get me onboard but internal politics only permits me to return via the consultancy). I was due to start this Monday (Nov 14th) but get told on the day I cannot go onsite until I complete mandatory online training required by the consultancy (this is the first time this has been mentioned). So I've been at home now with no means of being productive as this has stopped the process from moving forward: no training = no login account at client = no means of working. This looks no closer to being resolved after a week as they say the training must be performed on one of their secure laptops which could take weeks to sort.

My view is that the contract started on Nov 14th so I should be paid from that date irrespective of my inability to work due to circumstances of their making. Do I have a case here?

Thanks.

[northernladuk]

No. In your contract it will state that you get paid upon reciept of a signed timesheet. If you do no work you don't get a timesheet and you don't get paid. By having a day rate you are working on a T&M contract so you get paid for work done. You don't do work then you don't get paid.

The contract might have started but the clauses contained within means you aren't getting paid because you've done no work. Contract starting and getting paid, as you can see, are not intrinsically linked.

Some people have argued with clients/agents and got some token payment but according the contract they didn't need to.

Did you get an SDS signed with the status of the contract before you started? What is your opt in/out status. It's likely have been done wrong but there could be an argument you get paid without a signed timesheet but that still doesn't cover no work being done.

[Grant Holman]

Thanks for the detailed reply, northernladuk. I'll need to look through what I received from them but I suspect it will be water-tight to cover their backs in any eventuality. I can only try and put my case forward but i suspect ypu're right and they will confirmyour thoughts.

Cheers.

[northernladuk]

Thanks for the detailed reply, northernladuk. I'll need to look through what I received from them but I suspect it will be water-tight to cover their backs in any eventuality. I can only try and put my case forward but i suspect ypu're right and they will confirmyour thoughts.

Cheers.

It's a common question and we've had it quite a few times. In ever single one its in the contract and no work is no pay I am afraid. As I say, a few managed to push it but most don't. Part of the risks of contracting.

Have a look at this search of the forums which pulls up many threads about your exact situation. Mess with the keywords to get more specific results
https://www.google.com/search?q=star...hrome&ie=UTF-8

[Grant Holman]

Thanks again, lots of interesting threads there. Looks like I don't have a case to argue, but worth a punt - I'll keep it polite and not push my case too hard.

I've been contracting close to 25 years now but have been fortunate enough to have spent the last 15 years pretty much bouncing between the same 2 clients - no interviews, no uncertainty and best of all no agency BS. Once I do start again this will run for at least 18 months, so a few weeks lost now is no biggie.

[Smoggy]

Could you ask for background reading on the project in the mean time? If you have a good pre-existing relationship with the client then they would perhaps sign off timesheets if you're making the best use of your time?

[SueEllen]

Odd that no one talked to you about it at the consultancy end or client end especially as you have an existing relationship.

The two times I had issues with laptops in opt-out contracts the contract date was pushed back. With my opt-in contract I started charging as I was told to do so and it appeared very quickly.