Hello.
Maybe I've been lucky but I have never had any serious legal issues previously.
Until now.
My last gig was rather complicated in that the hierachy was as follows:
Me --> Umbrella Company --> Agency --> Software House --> Client
My contract was between the agency and umbrella company, as is usual.
There are fairly standard payment clauses in the contract that state:
"Without prejudice to the provisions of clause 3, (the agency) shall pay the Contractor for the fees invoiced within 14 days from receipt by (the agency) o f the Contractor’s invoice."
Clause 3 states "(the agency) shall not be obliged to make any payment for services performed by the Worker unless and until a signed timesheet (as described in clause 3.1) is submitted by the Contractor or if the work in respect thereof is in dispute."
It was a 6-month term and I worked fine for the first 4 months. I was, in the words of the software house, one of the "stars" of the project. The work involved some overseas visits and some work-from-home. Then things started to go wrong. I was asked to make an overseas trip at a time when I had previously told the client and the software house (and have confirmation of the same) that I absolutely needed to be in the UK for personal family reasons. Flights were booked for me the following day, without my agreement, and I was basically bullied (we'll lose the project and people will lose their jobs if you dont go)/begged (if you go we'll love you and offer you riches blah blah) to go. I held my ground and said unfortunately I could not go, but I could certainly do the work remotely from home. I have since found out that the software house had promised to the client that I would arrive on-site that week, without actually asking me first.
The agency then emailed me to say the software house would be charging me for the flights as I had let them down. I said "No way" (or words to that effect!) and if that did happen, I would have to consider my future on the project. The software house then steps in and says the agency were wrong to say that, and they (the software house) would appreciate me continuing on the project to complete the work, remotely, but pressed me to work hard to complete some work ahead of an important deadline.
Towards the end of the week I emailed the software house to inform them that my standard hours had been reached. I received an email back from the software house asking me if I could continue working that week, and approving overtime.
I then worked all weekend.
On Monday I submitted my weekly timesheet and activity report (detailing what I had worked on/completed etc).
I then worked Mon/Tue the following week, and on the Wednesday lunchtime received a call from the agency saying my contract was being terminated (yet not stating what clause was being used to terminate).
Since then 2 weeks have passed and I have not been paid for the week and a half in question. It has taken 2 weeks of continually asking the agency why was the contract terminated and why havn't I been paid, but I have now been told that the client is saying the work done in that 1.5 weeks was "sub-standard". I have yet to receive a termination letter.
So, my questions are:
1) Has anyone had experience of this? My view is that as the software house approved the overtime, they are accepting the work done up till that point for that week was acceptable.
2) My feelings are that due to the high number of hours involved (weekend etc) it's worth taking "someone" to court to get my money, but who do I claim against? The agency? The software house? As I worked through an umbrella company, do they need to be involved? I'm sure the umbrella arn't going to be keen on getting involved in a legal battle on my behalf.
Any advice would be warmly received!
Phil
Maybe I've been lucky but I have never had any serious legal issues previously.
Until now.
My last gig was rather complicated in that the hierachy was as follows:
Me --> Umbrella Company --> Agency --> Software House --> Client
My contract was between the agency and umbrella company, as is usual.
There are fairly standard payment clauses in the contract that state:
"Without prejudice to the provisions of clause 3, (the agency) shall pay the Contractor for the fees invoiced within 14 days from receipt by (the agency) o f the Contractor’s invoice."
Clause 3 states "(the agency) shall not be obliged to make any payment for services performed by the Worker unless and until a signed timesheet (as described in clause 3.1) is submitted by the Contractor or if the work in respect thereof is in dispute."
It was a 6-month term and I worked fine for the first 4 months. I was, in the words of the software house, one of the "stars" of the project. The work involved some overseas visits and some work-from-home. Then things started to go wrong. I was asked to make an overseas trip at a time when I had previously told the client and the software house (and have confirmation of the same) that I absolutely needed to be in the UK for personal family reasons. Flights were booked for me the following day, without my agreement, and I was basically bullied (we'll lose the project and people will lose their jobs if you dont go)/begged (if you go we'll love you and offer you riches blah blah) to go. I held my ground and said unfortunately I could not go, but I could certainly do the work remotely from home. I have since found out that the software house had promised to the client that I would arrive on-site that week, without actually asking me first.
The agency then emailed me to say the software house would be charging me for the flights as I had let them down. I said "No way" (or words to that effect!) and if that did happen, I would have to consider my future on the project. The software house then steps in and says the agency were wrong to say that, and they (the software house) would appreciate me continuing on the project to complete the work, remotely, but pressed me to work hard to complete some work ahead of an important deadline.
Towards the end of the week I emailed the software house to inform them that my standard hours had been reached. I received an email back from the software house asking me if I could continue working that week, and approving overtime.
I then worked all weekend.
On Monday I submitted my weekly timesheet and activity report (detailing what I had worked on/completed etc).
I then worked Mon/Tue the following week, and on the Wednesday lunchtime received a call from the agency saying my contract was being terminated (yet not stating what clause was being used to terminate).
Since then 2 weeks have passed and I have not been paid for the week and a half in question. It has taken 2 weeks of continually asking the agency why was the contract terminated and why havn't I been paid, but I have now been told that the client is saying the work done in that 1.5 weeks was "sub-standard". I have yet to receive a termination letter.
So, my questions are:
1) Has anyone had experience of this? My view is that as the software house approved the overtime, they are accepting the work done up till that point for that week was acceptable.
2) My feelings are that due to the high number of hours involved (weekend etc) it's worth taking "someone" to court to get my money, but who do I claim against? The agency? The software house? As I worked through an umbrella company, do they need to be involved? I'm sure the umbrella arn't going to be keen on getting involved in a legal battle on my behalf.
Any advice would be warmly received!
Phil
