Agency repudation ?

**The Agents View** · 24 June 2011, 08:19

Originally posted by Supply and Command View Post

I started a new contract a couple of weeks ago and things are going well with the end client.

However the agency keeps threatening not to pay unless I provide volumes of information for 'compliance'.

I provided all the information they asked for but now they are demanding references for 'gaps in employment'.

The last time I was employed was the year 1999 so that's quite a long gap.

Comically they don't want references for my recent contracts - just references for the gaps between them.

They are refusing to send me timesheets for the end client to sign and refusing to pay invoices until I fulfill this impossible demand.

Of course there is nothing in the contract about providing references.

Can I just take this as repudiation and use a different agency ?

What is your end client?
Sounds like you work in the public space - in which case, bear in mind it's not the agency who dictate these things.

**NotAllThere** · 24 June 2011, 08:27

What kind of work are you doing? Are you opted in, or opted out? If you are opted in to agency regs, and you've done the work, they definitely cannot refuse to pay you. Invoice them anyway. So long as the invoice matches the work you've done, a timesheet is not strictly necessary.

**TestMangler** · 24 June 2011, 08:28

Also depends on your structure. I've just been through the most annoying and lengthy compliance check procedure that I've ever had, despite being in banking for years.

I argued with the agency, who wanted Cv gaps 'referenced' what ever the fack that means. Fortunately, I've had the same LTD for 17 years and an accountants statment verifying that i had been an employee of MyCo Ltd for seventeen years with no gaps was enough to get round it.

If you started your Ltd for this or have been using brolly co's, you're probably f****d.

**northernladuk** · 24 June 2011, 09:24

When I was pulled about CV gaps when starting with a bank I had to provide bank statements to prove I was around and not being detained at her majesties pleasure or being a mercenary in Nigeria or something.

Took a couple of weeks for me as well so just took it part of the process. Without the compliance being completed I would have been walked so seems a small price to pay.

**AussieDigger** · 24 June 2011, 09:33

I would simply provide them with alternate information to verify where you were during the gap periods (e.g. overseas, in the UK etc).

Also, if the agency undertook reference checks beforehand and then affirmed the contract by signing it, then they can't refuse to pay for work done. Its a breach of contract.

Word of advice, though, always get in writing from the agency before starting a contract that involves reference and credit checks that they are satisfied all has been completed. Otherwise, don't start the contract.

**kaiser78** · 25 June 2011, 17:49

The agency shouldn't refuse to pay you. In some ways they are actually being thorough by undertaking these checks, which is probably at client request anyway, and makes a change from the norm.

**prozak** · 27 June 2011, 10:03

This seems to be the norm these days in Banking.

I just got a new contract and had to provide a personal reference for the gap in contracts - it was only a 2 month gap!

They basically asked my referee how they knew me, did they know I was looking for a new contract during that period & how did they know this information.

Jump through the hoops. Get to work and carry on. Nothing to fear for most people.

**Project Monkey** · 27 June 2011, 16:13

I was asked to provide a 'gap' reference for a mate who was on the bench for 4 months after being made redundant. I just wrote to the agent confirming I knew him and what he had been doing for the passed 4 months.

Agent was happy with this and he was into his first gig the following week.

Agency repudation ?