Didn't sign "Opt Out" and now agency is refusing to pay me.

[Benny Boy]

Hi,

I've been onsite at my client for over a month now and submitted my first invoice to my agent. Because I didn't sign the "opt out", they are refusing to pay me and insist I sign it before they submit a payroll.

Can the agency do this? I was informed not to sign the "opt out" as it took away certain rights.

Any advice appreciated.

[Wanderer]

I've been onsite at my client for over a month now and submitted my first invoice to my agent. Because I didn't sign the "opt out", they are refusing to pay me and insist I sign it before they submit a payroll.

Stand firm on this one - they are acting illegally and trying to bully you. Don't stand for it. Do not back down and sign the opt out (it's worthless now that you have started, anyway).

I'll bet that they haven't put that demand in writing have they? I wonder why. Email them and tell them that their request for an opt out will not be complied with and that payment is overdue.

Read this post and do a search for "dunning" on this forum which will explain how to pursue the debt. I would send them an invoice for a penalty and interest on the late payment with an offer to waive the charge if they pay up immediately.

If you are not confident in chasing it yourself then ask a collection agency to act on your behalf which will really put a rocket up the agency.

[TestMangler]

Surprisingly, the pimp on my current gig did put the "We demand an opt-out" thing in writing and went on to explain that "if you Opt-In you will be inside IR35 and most contractors want to be outside, so you'd better opt out" They didn't try to tie this to payment though.

In the OPs situation, the Opt Out would be invalid anyway, so maybe worth giving the agent the useless piece of paper to simply get his money and keep the email trail where he explains to the agent that the opt out is invalid.

[tractor]

...

Surprisingly, the pimp on my current gig did put the "We demand an opt-out" thing in writing and went on to explain that "if you Opt-In you will be inside IR35 and most contractors want to be outside, so you'd better opt out" They didn't try to tie this to payment though.

In the OPs situation, the Opt Out would be invalid anyway, so maybe worth giving the agent the useless piece of paper to simply get his money and keep the email trail where he explains to the agent that the opt out is invalid.

I sincerely hope you dobbed them in

[chef]

"dobbed", a word I haven't heard since secondary school.

[tractor]

...

"dobbed", a word I haven't heard since secondary school.

lol I haven't heard it since my kids used to watch Home and Away

[chef]

interesting, it's even in the oxford dictionairy

[northernladuk]

Hi,

I've been onsite at my client for over a month now and submitted my first invoice to my agent. Because I didn't sign the "opt out", they are refusing to pay me and insist I sign it before they submit a payroll.

Can the agency do this? I was informed not to sign the "opt out" as it took away certain rights.

Any advice appreciated.

I don't know whether to laugh or cry when I see this kind of crap. Did you even bother to research this before you did what you were told? Were you aware of these rights and balance the risks before you signed? If not you deserve everything that comes to you IMO.

[TestMangler]

I sincerely hope you dobbed them in

Dob them in to who exactly ?

[tractor]

...

Dob them in to who exactly ?

This thread from 2009 would be a good place to start I guess.