End client does not want to approve timesheets

[gallotta]

The end client has decided to terminate a contract after 2 weeks. During this two weeks I have filled timesheets, and provided invoices to the agency. When asked the agency for payment, they are saying that since the end client is not approving the timesheets, they will not pay, and this is the end of the matter from their point of view. I know that the agency was not transparent with the end client about some of the arrangements, and when they found out they terminated the contract. The agency claims it is not their responsibility to chase the client to approve the timesheets, so what is the best way to tackle this issue ?

The agency is pointing to this clauses in the contract

4.3 The Sub-Contractor agrees that all its invoices submitted to XXX will be supported by the appropriate authorisation duly signed by the authorised representative of the Client identified in Schedule 1.

4.4 XXX shall not be obliged to pay any fees to the Sub-Contractor unless the appropriate authorisation and invoice have been properly submitted by the Sub-Contractor in accordance with sub clause 4.1 and 4.3 of this Agreement.

Thanks for your answer on this

Cheers

[cojak]

Your contract was with the agent, not the end client.

Re-read your contract to confirm that they do have to pay you your money (if you opted-in then they are obligated to pay you).

If your contract says they should pay, contact The Thomas Higgins Partnership | Business Debt Collection Solicitors and follow their instructions.

[thunderlizard]

what is the best way to tackle this issue ?

That depends on why you didn't get the client to sign the timesheets. You didn't mention that rather crucial detail. (in fact, why, if the client didn't sign week 1, did you come back for week 2?) If there's no good reason, ring the client and tell them you'll be round their office this afternoon with some timesheets to sign.

If that's not the case, since you've used an agency they (probably) have an obligation under the 2003 agencies legislation to pay you anyway, so try that route.

[cojak]

If it's the agencies fault that the end client terminated I would put the debt collectors onto them and sod what the contract says.

[gallotta]

Thanks Cojak, I am not sure but how do I check this opt-in / opt-out in the contract ? I will re-read it again to figure it out

Regards

[gallotta]

thunderlizard, I have tried to reach the end client because I am also curious on what has gone wrong, but as I said I have the feeling they got upset when the agency finally disclosed some of the arrangements I had worked out with the Agency. I give them a couple more days to respond.

Any other advice ?

Cheers

[gallotta]

Cojak, in the contract there is no explicit Optin/Optout clause, so are you by default Opted in ?
I found this in the Agency Regulation, if i read it correctly, no matter what clause they have in the contract, they are still bound to pay.... am i reading correctly ?

Any advice on how to word a letter to the Agency ?

Regards

Prohibition on employment businesses withholding payment to work-seekers on certain grounds

12. An employment business shall not, in respect of a work-seeker whom it supplies to a hirer, withhold or threaten to withhold from the work-seeker (whether by means of the inclusion of a term in a contract with the work-seeker or otherwise) the whole or any part of any payment in respect of any work done by the work-seeker on any of the following grounds—

(a)non-receipt of payment from the hirer in respect of the supply of any service provided by the employment business to the hirer;

(b)the work-seeker’s failure to produce documentary evidence authenticated by the hirer of the fact that the work-seeker has worked during a particular period of time, provided that this provision shall not prevent the employment business from satisfying itself by other means that the work-seeker worked for the particular period in question;

(c)the work-seeker not having worked during any period other than that to which the payment relates; or

(d)any matter within the control of the employment business.

[northernladuk]

I have a question based on this.

I am not implying anything about the OP but there have been a few threads about this recently. None of them actually disclose the reason for termination which I would have thought would be key in a situation like this.

Hypothetically if the client was unhappy with the contractor in the first few weeks, the contractor is not as skilled as his CV says, lied on CV, problem with attitude or other conduct in the first two weeks etc etc... does the client have a right not to sign the timesheet and not pay or does the fact that the contractor turned up mean he has a right to be paid and timesheets signed?

In three years and a number of different clients I haven't had one yet where I have had timesheets. I have had to book time against project codes for financial reasons so the only way I can learn the in's and out's is from posts here.

Ta.

[gallotta]

I agree, in fact neither the agency nor the client has given any reason for the termination, and that is why I am almost 100% sure that this is a transparency issue between the Agency and the Client, because I have shown the client agreements I had made with the Agency that the client was not aware of just the day before the termination.

Regards

[ASB]

Because I have shown the client agreements I had made with the Agency that the client was not aware of just the day before the termination.

That of itself may well be a breach of your contract (it normally would) - it wouldn't in my view justify the refusal of the end client to sign the timesheets. It may also justify the agent to counter claim - or indeed unilaterally take action - for losses caused by your (possible) breach of the contract - if they can evidence them.

You may need to tread at least a little carefully.