Non payment issue - Getting more complicated

[gtullett]

Posted a little while back regarding my agency not paying up four weeks money, this is down to them not being paid by the client i was working through an umbrella at the time.

My agency has been on my side on this as has the umbrella (although they dont want to get involved) the situation has not really progressed although the client did eventually pay two weeks which i have now received.

I have taken some advice and the issue i have is the following clause in my contract.

Agency shall not be obliged to make any payments in relation to any Work Progress Form or Expense Form or part thereof which the Client disputes unless and until the dispute has been resolved and only then in accordance with the terms which result from the settlement of the dispute.

Unfortunatly the agency says the client is disputing the money owed although no reason has been given.


Anyone got any ideas on this.

[Mailman]

Have you opted in or out of the employment regulations?

Failing that its about time you got yourself down to a lawyer and got some REAL advice! Stop ******* around and go and see a lawyer ffs!

Mailman

[insight14]

I have taken some advice and the issue i have is the following clause in my contract.

Agency shall not be obliged to make any payments in relation to any Work Progress Form or Expense Form or part thereof which the Client disputes unless and until the dispute has been resolved and only then in accordance with the terms which result from the settlement of the dispute.

With regards to the clause in your contract, this clause is illegal if you are opted-in to the agency regs - have a look at regulation 12 below:

Regulation 12 – Prohibition on employment businesses
withholding payment to work-seekers on certain grounds

Regulation 12 provides that an employment business must not withhold
or threaten to withhold the whole or part of any payment to a temporary
work-seeker in respect of any work s/he has done on the basis that:
(a) the employment business has not received payment from the
hirer;
..........

If you are opted-out, you aren't protected by this. So thats your position legally - what you do with this info is up to you.

I can see you are reluctant to go after the agent as they are on your side, but the client not paying up is not your problem. It is a contractual issue between the agent and the client, and the agent cannot withold payment from you as a result.

[Mailman]

Come on GT, are you opted in or out or shake it all about???

Mailman