Not getting paid....heyalp!

[cojak]

Would any Umbrella regulars on the forum like to give their twopenneth worth on these threads?

[Big Bird]

Cojak, don't get too excited

Excuse me?!?
You mean this OrangeGenie??
http://forums.contractoruk.com/accou...-invoices.html

You were giving advice to a poster and now you're telling us that an unrelated umbrella to this thread who appears to be doing the same thing says in it's contract that it's not liable?

Who do you work for Big Bird?

Or are you getting paid by them on time it's just a coincidence that you're posting here?

As has been said before - you deal with (ie sue) the Umbrella.

(If that clause is true btw, it's a rubbish one and I'd start looking for another Umbrella if I were you...)

1. The clause is true. Is it rubbish or not is another issue.
2. I didn't say that they paid me on time. What are you alleging?
3. The other thread about orangegenie is the other thread, what has that to do with this thread?
4. I definitely would move to another umbrella company that doesn't have this clause. Please advise.

Don't get too excited and don't slam on a newbie yet!

[malvolio]

4. I definitely would move to another umbrella company that doesn't have this clause. Please advise.

You're paying them for a service. If you don't like them, or they're not delivering, go somewhere else. How hard is that? And next time read the contract before you sign it.

Don't get too excited and don't slam on a newbie yet

Yeah. Whatever. Just occasionally we get tired of answering the bleedin' obvious.

[cojak]

No, you didn't say they were paying you on time. I just didn't think that someone who was owed money by an umbrella would be defending them.

I suggest that if you have problems then you post on the original OG post above, outlining your issues. Then the advice won't be spread around (and maybe someone from OG will read them and sort out what maybe a mistake).

[Big Bird]

Still waiting for answer

I am still hoping someone here can tell me which umbrella company doesn't have such a clause (they will pay only when they get paid). You guys have been around for sometime and I am new to the UK contracting scene.

[LisaContractorUmbrella]

If your umbrella has an overarching contract in place (which they are obliged to have in order to be able to process home to work travel expenses) then it must contain a specific element of mutuality of obligation i.e. payment between assignments Case Law: Clark v Oxfordshire Health Authority. (This is why, incidentally, that section 10 was added to the AWR). What this means in real terms is that the umbrella company employs you under a permanent contract of employment which will pay you a salary, usually monthly, regardless of whether or not they have been paid by the agency. The umbrella then has a business to business contract with the agency/client and should have credit control processes in place to ensure that they do receive payment; the agency should then have a similar process to ensure that they receive payment from the end client. If there has been no opt-out from the Conduct Regs then the agency would be obliged to make payment even if they had not received payment from the client.

[cojak]

If your umbrella has an overarching contract in place (which they are obliged to have in order to be able to process home to work travel expenses) then it must contain a specific element of mutuality of obligation i.e. payment between assignments Case Law: Clark v Oxfordshire Health Authority. (This is why, incidentally, that section 10 was added to the AWR). What this means in real terms is that the umbrella company employs you under a permanent contract of employment which will pay you a salary, usually monthly, regardless of whether or not they have been paid by the agency. The umbrella then has a business to business contract with the agency/client and should have credit control processes in place to ensure that they do receive payment; the agency should then have a similar process to ensure that they receive payment from the end client. If there has been no opt-out from the Conduct Regs then the agency would be obliged to make payment even if they had not received payment from the client.

Thanks Lisa, I knew that there must have been something like that.

So to those who haven't been paid and should have, start dunning procedures.

[Big Bird]

Names Please!

Lisa,

Thanks for the information. But surprisingly no one would offer me names so that I can switch. May be you guys and gals want to hide the good stuff from non-Brits?

[LisaContractorUmbrella]

Lisa,

Thanks for the information. But surprisingly no one would offer me names so that I can switch. May be you guys and gals want to hide the good stuff from non-Brits?

Sorry Big Bird not with you - what do you mean offer you names?

[tractor]

..

Lisa,

Thanks for the information. But surprisingly no one would offer me names so that I can switch. May be you guys and gals want to hide the good stuff from non-Brits?

Oh noes, the dreaded race card.

I think the lack of information points more to the fact that people are not willing to do your research for you.

You could search these fora for more information. You could identify potential umbrellas using this or PCG or any number of other sites.

The good stuff as you call it might be found in incorporation rather than umbrella? There is plenty of help on this option if only you could be bothered to do your own research.