Client refusing to sign timesheets after taking receipt of work at close of contract

[TheFaQQer]

5. Yeah on checking my online docs with umbrella corp I did op out of the agency regulations - but this was done via an online form not signed in paper - and it didn't happen before I was introduced to the client - but afterwards several days after I actually began work.

The agency regulations are clear - you must opt out in writing (which you did), before being introduced to the client (which you did not). Therefore, the agency is legally obliged to pay you for the work that you did, whether the client is happy with the work or not. If they aren't happy with the work, then they need to go through alternative dispute resolution to sort it out.

Speak to the umbrella, and also to the agency, pointing this out. Highlight to the agency that you will be filing a complaint with the DBERR (formerly the DTI) about this, if they are breaching the regulations, since DBERR are responsible for regulating the agencies.

Take legal advice (speak to the PCG legal line if you are a member), and have a look at the regulations in detail, particularly regarding how to complain if the agency is in breach of the regulations.

[Beefy198]

Go get them! This whole opt out with agencies annoys the hell out of me with their blatant disregard of the regulations.

And best of luck!

[MarkThompson]

The agency regulations are clear - you must opt out in writing (which you did), before being introduced to the client (which you did not). Therefore, the agency is legally obliged to pay you for the work that you did, whether the client is happy with the work or not. If they aren't happy with the work, then they need to go through alternative dispute resolution to sort it out.

Speak to the umbrella, and also to the agency, pointing this out. Highlight to the agency that you will be filing a complaint with the DBERR (formerly the DTI) about this, if they are breaching the regulations, since DBERR are responsible for regulating the agencies.

Take legal advice (speak to the PCG legal line if you are a member), and have a look at the regulations in detail, particularly regarding how to complain if the agency is in breach of the regulations.

Is it possible for you to point me at a link with these regulations in detail please? Would definitely like to read up on the subject before taking matters further with my agency.

Thanks in advance.

(and I really appreciate this advise everyone - its extremely helpful!)

[stillooking]

I'd suggest looking at yr contract again in detail, to see if it allows you to hold them to account for this breach/default.

If you want to pursue it, I can possibly give you a steer on whether it's worth the effort.

[TheFaQQer]

I'd suggest looking at yr contract again in detail, to see if it allows you to hold them to account for this breach/default.

If you want to pursue it, I can possibly give you a steer on whether it's worth the effort.

Since the OP was not opted out of the agency regulations, it's a moot point - the agency MUST pay for the work that has been completed, whether they have received payment or not, and whether the client is happy or not.

That's the beauty of not opting out.

[stillooking]

furrymuff1

[YHB]

So, get good legal advice and go along with that. Try www.egos.co.uk - not cheap, but highly recommended.

Tried them earlier this week regarding a contract lockin clause, got an email back saying "Charges are based on £293.75ph" so not replied back

[Turion]

Whatever he does, he still needs to prove he was onsite and working, and that requires signed timesheets. Unless he has other documentary evidence, going legal will be a nightmare, but may be worth the cost. In the last week he should have arranged a final handover with the manager and insisted the timesheets were signed before leaving.

[Platypus]

insisted the timesheets were signed before leaving.

Query: Do signed timesheets imply acceptance of the work, or are they simply a record of being on site?

[Not So Wise]

Query: Do signed timesheets imply acceptance of the work, or are they simply a record of being on site?

Timesheets are little more than a record of being on site and then not even one with much legal standing

Invoice the agency and prepare for legal action, client not signing the timesheets and thus refusing to pay the agency is the agency's problem not yours

And for future reference, do not leave the client site at end of contract without getting timesheets signed (best practice is to hand them in about mid day on the last day), thus if client gives any bulltulip about "wanting to verify the work first" it gives them time to do so.

If they say not got the time, prepare to get screwed

Oh yeah, don't forget to let any contractors you know on site know what the client has pulled, that should nicely stir up the pot