Issue with a non-paying agent.

[Wintelftw]

Agreed - it also depends on what you are paying the review for. An IR35 review won't pick that up, whereas a full contract review might.

FWIW I opted out and I've always felt that agents would consider me somewhat differently as a candidate if I didn't, and in the current climate I have felt that it might not be too smart to make too many waves for the agent.

I was totally aware of the clause when I signed the contract, but couldn't see any issues because the sheer scale of the client and the nature of their business. In fact, I'm pretty sure they've been paid even though the client is known to be a bad payer.

I'm currently seeking an assurance from the client directly who have in the past provided me with this kind of information but if it turns out that the agent has not been paid is there a route via which I can chase the client to ensure the agent has been paid?

It means I'm doing the agents job but what if the agent is just too lazy to chase payment themselves? This is why I question the legallity of the clause - surely it can't be right that someone can withhold payment on the basis that they're just too bone-idle or scared to chase their client? Surely the line has to be drawn somewhere.

Wintelftw

[v8gaz]

Why are you still turning up if you're not getting paid?

[Wintelftw]

Why are you still turning up if you're not getting paid?

I'm not !

I moved on 3 months ago but I still have invoices outstanding from this agent.

[Old Greg]

FWIW I opted out and I've always felt that agents would consider me somewhat differently as a candidate if I didn't, and in the current climate I have felt that it might not be too smart to make too many waves for the agent.

I was totally aware of the clause when I signed the contract, but couldn't see any issues because the sheer scale of the client and the nature of their business. In fact, I'm pretty sure they've been paid even though the client is known to be a bad payer.

I'm currently seeking an assurance from the client directly who have in the past provided me with this kind of information but if it turns out that the agent has not been paid is there a route via which I can chase the client to ensure the agent has been paid?

It means I'm doing the agents job but what if the agent is just too lazy to chase payment themselves? This is why I question the legallity of the clause - surely it can't be right that someone can withhold payment on the basis that they're just too bone-idle or scared to chase their client? Surely the line has to be drawn somewhere.

Wintelftw

When did you opt out?

Before your CV went to the client?
Before you met the client at interview?
Before you started?
After you started?

Apparently it makes a difference but I ain't no expert.

[SueEllen]

FWIW I opted out and I've always felt that agents would consider me somewhat differently as a candidate if I didn't, and in the current climate I have felt that it might not be too smart to make too many waves for the agent.

I don't opt-out now and refuse to do so particularly as 95% of agency opt-outs are done in an invalid way.

I've not been screwed when I did opt-out properly but it's not to my advantage to as your case illustrates.

I was totally aware of the clause when I signed the contract, but couldn't see any issues because the sheer scale of the client and the nature of their business. In fact, I'm pretty sure they've been paid even though the client is known to be a bad payer.

Some large companies don't pay their small suppliers ever.

I know many people who run different small businesses and work in medium and large enterprises who have dealt and do deal with different large and multi-national companies including UK government agencies and the NHS. They all have tales of how these large companies who are well known refuse to pay, or take nearly a year to pay up in the case of the government and NHS.

I've also worked for 2 companies as a permie who had large clients just take stuff and refuse to pay.

I've worked for 2 companies direct as a contractor including one very well known company, and had issues getting payment out of them. With a middle man in-between if I had legally opted-out they would have been impossible to deal with.

I'm currently seeking an assurance from the client directly who have in the past provided me with this kind of information but if it turns out that the agent has not been paid is there a route via which I can chase the client to ensure the agent has been paid?

It means I'm doing the agents job but what if the agent is just too lazy to chase payment themselves? This is why I question the legallity of the clause - surely it can't be right that someone can withhold payment on the basis that they're just too bone-idle or scared to chase their client? Surely the line has to be drawn somewhere.

The agent needs to chase the debt as they have the contract with the client.

You need to chase your debt with the agent as that's who your contract is with. The agent will need to prove (if it gets that far) that they haven't been paid.


You need to cause them hassle to pay you.

I suggest you work out if you are truly opted-out to save yourself money and give yourself more clout. So work out if you opted-out before the client got your CV with your name on it and before you had any sort of interview with them.

If you aren't properly opted-out then take the first part of the action you were advised to do by Wanderer, and in addition report them to the Department of Business Employment Agency Inspectorate (EAI) for breaching the agency regulations. This is due to their pretence in stating you were opted-out and the fact they are now refusing to pay you due to their contract clause. They can raid the agency premises plus take direct legal action against the agency directors which includes fining them, banning them from being directors and banning them from running or being involved in a employment agencies/businesses. However most agencies pay up when they get involved.

If you were opt-out properly then you are going to have to follow all the advise given by Wanderer. As if you take the agency to court they are going to have to prove that they haven't got paid to a judge. Though you have to be willing to stick with it and cause them more grief than they will try and cause as it's likely they will do things like move the hearing place then not turn up then try and get a default judgement set aside. So you need to know about getting the bailiffs in, winding up orders and be willing to report them to the EAI.