End client does not want to approve timesheets

[gallotta]

I was not clear... I showed the client the agreement with the agency once we started discussing why we had different views on a couple of subjects, and only after notifying the agency before hand

Regards

[Not So Wise]

First you are going to have to determine your Opt In/Out status. This is pretty simple

Did you sign an opt out declaration?

If no then you are opted in.

If yes, then question becomes one of timing, if you signed it before introduction to client (interview/start work) then you are opted out, if you signed it after introduction then opted in

If opted out, contract wording will determine if you are meant to be paid even without timesheets
If opted in, you must be paid regardless of provision of timesheets or whatever else contract says about documentation

But either way, you are going to have hard fight ahead. Best of luck

[FiveTimes]

I was not clear... I showed the client the agreement with the agency once we started discussing why we had different views on a couple of subjects, and only after notifying the agency before hand

Regards

what are the subjects that you have differing views on ? you have mentioned this a few times.

[gallotta]

FiveTimes, mostly working remotely arrangements

[gallotta]

I got the following from the agency after pointing him to the Agency Regulations

Unfortunately, none of the clauses you mention apply as they refer to “Temporary Workers” which you are not, you are a sub-contractor employed by your company and if payment of your wages/salary is being withheld your issue is with your company not ours

Does it make any sense ?

Regards

Mario

[thunderlizard]

They're really being aggressive about this aren't they!

The agency regulations never use the phrase "Temporary Workers". That only appears in the explanatory note at the end. You should have quoted the actual clause.

The clause you want is part II, paragraph 12 and expecially (b) within that. The phrase they use is "work seeker".

You will then need to refer them to part VII, paragraph 32 which specifies that the term "work-seeker" includes an incorporated company such as yours.

Of course if you'd actually read the Act you're relying on, you'd know all this already.

I still think you're best off at least trying to get the client to sign your timesheets. If you tell them that it will help you get your money off the agency, without strengthening the agency's cause against them, they'll likely sympathise with you because you and the client are both wronged parties in this.

[Wanderer]

It sounds to me like the agency misrepresented you to the client and now the client is unhappy and won't pay the agency. Unless the agency can prove you are in breach of contract (this is a tricky one and we don't have enough details to make a judgement on this) then they have to pay up.

Unfortunately, none of the clauses you mention apply as they refer to “Temporary Workers” which you are not, you are a sub-contractor employed by your company and if payment of your wages/salary is being withheld your issue is with your company not ours

They are trying to diddle you about. Ask your agent a simple question:

Are you an "employment agency" or an "employment business" as defined by Employment Agencies Act 1973 and amended by the Employment Relations Act 1999?

If they answer yes, then they are bound by the regulations (which cover contractors working through limited companies just as much as temporary workers) and they are just trying to dick you around - don't stand for it.

If they are not an employment agency/business then you may have a weaker case. Either way, there is nothing to stop you taking the next step though which is:


Write to the managing director of the Agency (look them up in Companies House) and send the letter "Signed For" (costs a couple of pounds at the post office). Keep it simple, calm and straight to the point so they know you mean business:

Letter before action

Attached is a copy of the unpaid invoices for work carried out by MyLTD. These invoices are now overdue and if they are not paid within 14 days, MyLTD take legal action against YourAgency without further notice.


Don't enter into discussions on the phone, they will just talk you around in circles. Insist that they put their reply in writing.

Good luck!

[gallotta]

Thunderlizard and wanderer, thanks for the precious advice !!!

I have sent the last email to the agency and will call the client today to at least get their point of view (even though thay have not responded to my email asking for clarification).. after that is on to the debit collector

Regards

[northernladuk]

FiveTimes, mostly working remotely arrangements

Want to expand on this?

[gallotta]

northernladuk, in my negotiation with the agency I had agreed to work remotely two days a week, but the client was never made aware of this. Same issue regarding some holidays.