Start date - Individual to Client, Agency to Client, Agency to Umbrella

[EasyTyler]

I noticed a recent post talking about End dates/termination of contract but I'm struggling with the opposite - the Agency isn't acknowledging my start date. That is; I started on a Wednesday and they say the Friday after.

That's right they don't want (me) to have 2 days extra money.

I secured a position with a client without the help of the Agency, or the Umbrella. The only reason the Agency is involved is because the paperwork to get me on the client's PSL was going to take too long. However this didn't stop the agency stalling all the paperwork - and getting it incorrect.

So far they are trying to tell me that I started work too early - but as the client needed me to come in asap, I did and I was assured by them that they'd make it work.

Now, having talked to them constantly over the last 4 weeks I'm not convinced the client is at fault here because the agency STILL has the incorrect start date where the Umbrella is relenting to the correct one!

Both the agency and umbrella have incorrect end dates - but I'm not concerned about that right now. I would like to know if I'm alone in thinking this is madness that the agency:

1) Doesn't want to earn the extra money
2) Can stop me from earning/claiming/invoicing for it

Appreciate any advice given, as although I've been in and out of contracting for the last 6/7 years and I've heard some pretty grim stories, I can't quite believe this is happening and taking so long to resolve.

BTW - The only (written) contracts signed was the original permission to represent (between me and the Agency); which didn't (obviously) contain any start/end dates.

TIA
Tyler

[cojak]

It's for this type of reason that you don't start working without a contract, you should at least have received emails stating the dates. Use these emails as your starting point and go back to all parties that these are the dates between which you expect to be paid.

The PCG (and I think Contractor Alliance on this website) offers contracts for you to use in this situation, although it's a bit too late in this instance.

I would definately expect a contract with dates by now. Go back to the umbrella and demand one - they can work out their own with the agency.

[mudskipper]

If the client are approachable and are not disputing the start date, it might be worth asking if you can invoice them direct for the two extra days.

[Wanderer]

Once again someone learns a hard lesson: Don't start work without a contract. Loads of people come on here with stories of things that go wrong when they don't. If the client is that keen to get you on site then they can give the agency a rocket and get a contract emailed to you the same day if they want to.

You can still get paid for work done though it's much more difficult to enforce when things go wrong. If they won't back date the contract or alternatively, come to an agreement (confirmed in writing) with the client that you can bill for a couple of weekend days that you didn't work to cover the days worked before the contract was signed.

After 6/7 years it might be time to consider going LTD too.

[EasyTyler]

Once again someone learns a hard lesson: Don't start work without a contract. Loads of people come on here with stories of things that go wrong when they don't. If the client is that keen to get you on site then they can give the agency a rocket and get a contract emailed to you the same day if they want to.

Yes, easier said however. Especially with a load of Windows 7 work needing completion "yesterday". I've seen a number of projects where the end dates are so close it's impossible to get things done. I had hoped that by jumping on board and showing willing it would pay dividends with the client - and they do want me to stick around and get more involved in other projects they have.

Lesson, perhaps learned, that this willingness hasn't actually paid off personally - and I'm still not getting paid.

[EasyTyler]

One more thing to ask, given that there's no contract in place with either party, except the verbal contract with the client (which I understand could still be binding in court) is there anything that is stopping me from invoicing them directly?

[SueEllen]

One more thing to ask, given that there's no contract in place with either party, except the verbal contract with the client (which I understand could still be binding in court) is there anything that is stopping me from invoicing them directly?

Talk to the client before trying a stunt like that.

Seriously.

Get them to agree the date you started in writing - email will do as long it has the manager's fullname on it.* Then make the agency look bad if they continue to dispute it. If the agency ****s the client off a lot they will drop them.

*Does need to be full but the name they use to sign emails just so they can be recognised as the person writing the email.

[EasyTyler]

Understood - thanks SueEllen.

[Wanderer]

One more thing to ask, given that there's no contract in place with either party, except the verbal contract with the client (which I understand could still be binding in court) is there anything that is stopping me from invoicing them directly?

No, don't do that you will start a tulip fight. Talk to the client and ask them to confirm your start date to the agency as there is some "confusion". I'm sure it can all be sorted out amicably.

Have you submitted signed timesheets for the days worked? If so then I can't see why the agency won't pay you - contract or no contract....