Client won't sign timesheet

[LegendsWear7]

I've searched past forums without finding an exact match for this case.

I've been with the well-known client for over 3 years. No problems. 10 months ago a new overtime / on-call rate was agreed verbally with the line manager as I had been doing too much unrecorded work. This was placed in my contract with the agency.

Everything fine for 8 months. Now the last 2 months timesheets are unsigned as Line manager refuses. He says he is under instructions as the rate is too high and they didn't check the rate until now (yes, really ). This may or may not be the case. Maybe games are being played.

Line manager says it is with the legal department who say they don't need to sign / pay.

Line manager says there is nothing in the contract between client and agency and client will not pay.

I have not contacted agency yet as agent is a tosspot who has got the backs up of the client to the point they won't take any more candidates from that agency for new positions.

Nothing positive happening. I have asked by email for a reason and received platitudes.

Where do I stand ? Is the client in breach of contract with the agency ?

I am considering invoicing the agency with unsigned timesheet. Never done this in the past. I guess they won't pay a penny on that basis.

P!ssed off.

[Bluebird]

sorry - who is your contract with ? The client or the agency ?

If the client, issue an invoice with normal payment terms [ ie pay within 28 days ], if not use you need a letter to threaten legal action...

[LegendsWear7]

sorry - who is your contract with ? The client or the agency ?

If the client, issue an invoice with normal payment terms [ ie pay within 28 days ], if not use you need a letter to threaten legal action...

I am in the case of

Contractor <> Agency <> End Client

As I have no contract directly with the client but the client is causing me an issue I don't know what my redress is.


regards

[DaveB]

I am in the case of

Contractor <> Agency <> End Client

As I have no contract directly with the client but the client is causing me an issue I don't know what my redress is.


regards

PCG member? If so give them a ring, they should be able to point you in the right direction.

[Robwg]

Get the agent on the phone to sort it out ASAP - and refuse to do anymore work until it is sorted out.

Or take a hit on the overtime (depending how much it is) and then refuse to do anymore in the future until they have back paid you if you want the money.

Either way - not a nice situation to me in.

[XLMonkey]

You should issue the invoice with the unsigned timesheet to the agency. Your contract is with them, so the invoice goes that way, too.

You should also write to the client (manager) noting that he has refused to sign the timesheet - not because they are disputing that the work was done, but because they hadn't checked the cost.

A letter like this is quite important, as in the event you had to sue, it means that you have established that the basis of the non-payment is their incompetence (i.e. not reading their own contract), rather than yours (not doing the work/not doing it well enough).

If you did have to sue, then you would have to sue the agent, using the letter to support the argument that a signed timesheet is unnecessary (they aren't arguing about whether the work was done).

[TheFaQQer]

Did you opt in or opt out?

If you are opted in, then a signed time sheet is not required, as the agency MUST pay you for the time you worked. They would need to ascertain that you didn't do the work before they can refuse to pay you.

[LegendsWear7]

Thanks for quick replies.

PGC: I'm in Germany. The client <> agency contract is under German law. The Agency <> contractor contract is under UK law. I haven't lived in Blighty for about 9 years so I don't know if they would be able to help on this one. For the record: I'm not a member.

Did you opt in or opt out?

Wasn't an option on this one.

XLMonkey: absolutely agree. I'll see if there are any more ideas and then act on your proposal. That's what I emailed from my personal email account on Friday. I clearly wrote that there has been zero suggestion of a problem with the hours worked or quality. Line manager accepts that.

The whole thing is disappointing as it has damaged my relationship & trust with the client and not the way any of us want to conclude an engagement with a client.

[DBA_bloke]

Tell 'em to pay-up, or you're off.

[LegendsWear7]

Tell 'em to pay-up, or you're off.

If I was working in the City, then that's exactly what I would have done weeks ago without hestitation and found another contract nearby. Quitting a London job doesn't mean quitting apartment / country / tax system etc. Working out here means there is a bit of inertia due to the effort involved and I'd like to resolve it amicably if possible before packing my bags. At least I'd like to leave when it suits me rather than due to being messed around.