Agency is insisting I visit their office, over 100 miles away

**SueEllen** · 12 July 2010, 20:58

Read the contract.

Lots of contracts have until you sign them then they don't have to pay you. Further more some have if you leave it more than a certain date they won't pay you at all.

Unfortunately some people are too thick to realise that you can electronically agree to a contract or do it by fax and it's a waste of time arguing with them.

If the money is more than the cost of getting to their office just go to their office.

**pmeswani** · 13 July 2010, 05:32

Originally posted by kina99 View Post

Agency is insisting I visit their office, over 100 miles away.

Their office was closeish to the contract client but I am now back in my hometown, over 100 miles away. The agency is insisting that I visit their office to complete registration and check my id although i have sent them a Post-Office verifies passport copy and other documents.

Are they legally able to without payment for the now finished contract until I visit their office even if they have the paperwork (minus the agreement itself which they seem unwilling to send) ?

The agency I used for my current contract didn't accept a Post Office verified passport, but were happy for the client to verify my ID. Ask the agency if the client can verify your ID instead, or ask the agency if you can invoice them at 40p a mile for time taken to get to them and back (£80).

Worth a try... surely?

**northernladuk** · 13 July 2010, 08:21

Sounds bit odd they want to check your ID after the contract has ended. I can imagine they need to do it before you start work because of new laws and you do need to be present to verify you are who you say in your ID.

Either way, what else are you doing at the moment? If you have finished the contract and are on the bench then just go and get it done. It will take you a few hours and some petrol but you get a stress free week and the money you are due.

**mavster07** · 13 July 2010, 08:46

The law is quite clear on this. They are required to check your documents BEFORE commencement of contract. If they ask to do it after the fact to 'cover themselves' thats their issue. But they cannot withhold payment as you have executed your part under the contract and the contract is deemed completed. If they give pushback, ask them to involve the REC or APSCO (depending on which one they are with) and advise them that you are happy to surface your invoice to the end client to obtain final payment. Watch them back peddle quick smart when they realise you'll out their crappy practices to the end client !!!!!

Hold your ground. Make them do the work for you - its their stuff up.

**Not So Wise** · 13 July 2010, 09:31

Are they legally able to without payment for the now finished contract until I visit their office even if they have the paperwork (minus the agreement itself which they seem unwilling to send) ?

Unless the contract specifically says they can withhold payment pending all documentation (doubt it as it would be someone that should be done before placement) the short answer is, no they cannot contractually withhold payment. Double ‘no’ (contractually and legally) if you are not properly opted out

But if not in contract, I suggest say you will go to them. At your normal contract day rate + X.

Otherwise as mentioned above threaten to “out them” to the client as this fixation on paper is either them trying to cover their ass’s because did not do work they promised client (aka due diligence) or they just don’t have the money

**NotAllThere** · 13 July 2010, 13:05

If it turns out that you were working illegally, they'll be in a lot of trouble. ( You could pretend to be an illegal worker and blackmail them...

). Do they get into trouble for not checking, even though you are legal?

Anyway - check your contracts. If you're in the clear, start debt collection proceedings. If they want to prove your id, tell them to either get off their fat arses and come and see you, or invoice for the time and expense.

**Going Strong** · 13 July 2010, 13:24

As stated by others ask if you can verify your documents with the client directly, they often just take photocopies and countersign them which is usally done by there security team.

Is there any clearence involved in this role?

**northernladuk** · 13 July 2010, 14:03

Lots of probably legally correct advice from some of the more knowledgable guys here but all that just for a 200 mile round trip and a few hours on one of your days off??

I know which one I would have already done in the time it has taken this thread to grow.

**Wanderer** · 13 July 2010, 21:32

Originally posted by kina99 View Post

Are they legally able to without payment for the now finished contract until I visit their office even if they have the paperwork (minus the agreement itself which they seem unwilling to send) ?

No.

It sounds to me like the agency are being unreasonable, but as northernladuk says, you should seriously consider taking a deep breath and going to visit the agency to get it all sorted. Who knows, you may even strike up a bit of a rapport with the agency which leads to further business from them.

I presume they have paid other invoices? If so, then they have accepted the contract. If you insist on sticking to your guns and presuming you are trading as a LTD company, you should invoice them as usual (probably done already) then follow up with a threat of legal action within 14 days if unpaid (send it recorded delivery to the Director of the agency), followed by moneyclaim court action to recover the debt plus a penalty and statutory interest.

pmeswani's idea about billing the agency for the travelling and time is a nice thought but in my opinion it will just get you laughed at and there is no contractual obligation for the agency to pay up (unlike the invoice for the work done for the client).

Agency is insisting I visit their office, over 100 miles away