Can anyone help with getting paid from contract

[terrymelia]

Hi,

I'm looking for advice on how to go about getting paid for work completed during my last contract. My Agency advised that the company would pay monthly, but, 4 weeks after starting the contract, I was advised that it was company policy to pay some 8 weeks after submitting the first invoice (1 weeks pay after 8 weeks), and was also advised that was common in retail IT contracts.

On the Monday of the 7th week, I developed an eye infection and was unable to drive to work. I rang in and advised my manager (via voice mail) that I'd be off work for at least the next 3 days. On Wednesday, I had a call from the agency to advise that my contract had been immediatly terminated because my manager had read through my e-mails and found one in which I'd mentioned having an interview with another company.

They have paid intermittently for 6 weeks of the 7, but my ex manager is refusing to pay for the last week of the contract (approx2.5K) - because of this e-mail, and also because he did not personally sign my timesheet for that week. (Another Manager has verified that he did sign this - there is no disput that I was actually on site for the last week)

Any advise on how to go about getting this paid to me please??

[cojak]

Get onto these people, they ought to be able to help:

The Thomas Higgins Partnership | Business Debt Collection Solicitors

[CheeseSlice]

I had a call from the agency to advise that my contract had been immediatly terminated because my manager had read through my e-mails and found one in which I'd mentioned having an interview with another company.

Those scum sucking prying little f****rs!

I'm not sure where this sits legally, but next time keep it in your personal (or your LTD company) email....

[Wanderer]

Get onto these people, they ought to be able to help:

The Thomas Higgins Partnership | Business Debt Collection Solicitors

And while you are talking to the solicitors, mention the late payment of invoices (I presume you read your contract correctly and they were indeed paid late). If they were late, you can charge them a penalty and interest for every late invoice. Late Payment Legislation and the BPPG Interest Calculator.

Good luck!

[northernladuk]

Just to understand the bearing of it in this situation, what exactly did the email about the interview say? Did the date of the interview and the time of your eye problem unfortuantely overlap? It makes a difference as to whether your manager has ground for being pissed off or whether he is using it as a poor excuse.

[cojak]

Never, ever deal with business outside of the client using clientco's email address. That's what smartphones are for.

At best it's naive, at worst it's unprofessional and quite likely to bite you on the backside.

(PS. And be careful what you put on Facebook regarding interviews outside of your last month in contract if you've added friends from the current clientco.)

[Wanderer]

JDid the date of the interview and the time of your eye problem unfortuantely overlap? It makes a difference as to whether your manager has ground for being pissed off or whether he is using it as a poor excuse.

Woops. That would be unfortunate, wouldn't it!

Thinking about it though, I can't see that this would be grounds for terminating a contract with a £2,500 penalty though.

If it was me, I'd send the agency a Letter before action, address it to the managing director of the agency (look it up in Companies House) and send it "Signed For" from the post office. Keep it simple, calm and straight to the point so they know you mean business:

"Attached is a copy of the unpaid invoice and signed time sheet for work carried out by MyLTD. This invoice is now overdue and if it is not paid within 14 days, MyLTD take legal action against YourAgency without further notice."


Don't get into an argument with them on the phone, you will generally be talking to some phone boy who has no authority to settle the matter. Anything they say on the phone can be denied later on, so make them put everything in writing. Tell them that if they want to argue the point with you then they can do it in court in front of a judge. Perhaps they have a case, perhaps they don't. The judge will make that decision.

Also, leave the client out of this completely. Your contract (and therefore your dispute) is with the agent, NOT the client. If the client chooses not to pay the agent then that's the agent's problem to sort out, not yours.

Never, ever deal with business outside of the client using clientco's email address. That's what smartphones are for.

Absolutely. Keep client and business/personal completely separate. Email, Facebook, Discussion Forums etc don't mix with work. You will always find people who are professionals at taking offence to something you have done in your private life so keep them separate.

[northernladuk]

Woops. That would be unfortunate, wouldn't it!

Thinking about it though, I can't see that this would be grounds for terminating a contract with a £2,500 penalty though.

If it turns out the interview is the same day as one of your eye problem days I wouldn't say it to unreasonable the client is pissed off as it appears you have lied to him. Definately not grounds for termination I agree but won't help your cause. It would just be nice to find the interview is a totally different time and that this is nothing more than the client being an ass.