Newbie Contractor in trouble...?

[Neomash]

Re: Newbie Contractor in trouble...?

Thanks all for the advice and mockery! I know it is my fault that the situation has arisen, I just wanted to garner opinion as to what my next course of action should be.

I made the client aware that I was leaving on the same day that my contract extension was passed to me... The final day of my initial contract.

The amount invoiced was relatively large because I worked for the majority of a weekend at additional rates. It is not my standard day rate by any stretch of the imagination (unfortunately) and it is money I can ill afford to lose.

I have the proof of the hours I have worked, the issue appears to be getting the information onto the timesheet system with the client themselves.

I shall go down the submit a paper timesheet route and see whether that will resolve the issue.

Does the responsibility lie with the recruitment agency or the client once I submit my hours?

PS; Can a recruitment agency ignore my invoices and issue funds to my ltd company using their own invoice based upon what the client has told them the amount should be?
e.g - I submitted my invoice, was told it did not match the figures the client had recorded on the timesheet system. I asked for the funds to be stopped until I resolved the issue with the client. The recruitment agency went ahead and paid the funds against my express wishes without me issuing an accepted invoice. The funds they have transferred are based upon the amount the client has said is payable.

[SueEllen]

Your contract is with your agency.

I hope you got your contract reviewed.

Either way submit the paper timesheet and your invoice send them by recorded delivery to the agency - then use the search functionality and read up on "Dunning".

[northernladuk]

I made the client aware that I was leaving on the same day that my contract extension was passed to me... The final day of my initial contract.

Well that was your first mistake. How do you expect them to extend you professional courtesy when you can't?

The amount invoiced was relatively large because I worked for the majority of a weekend at additional rates. It is not my standard day rate by any stretch of the imagination (unfortunately) and it is money I can ill afford to lose.

I have the proof of the hours I have worked, the issue appears to be getting the information onto the timesheet system with the client themselves.

I shall go down the submit a paper timesheet route and see whether that will resolve the issue.

Does the responsibility lie with the recruitment agency or the client once I submit my hours?

PS; Can a recruitment agency ignore my invoices and issue funds to my ltd company using their own invoice based upon what the client has told them the amount should be?
e.g - I submitted my invoice, was told it did not match the figures the client had recorded on the timesheet system. I asked for the funds to be stopped until I resolved the issue with the client. The recruitment agency went ahead and paid the funds against my express wishes without me issuing an accepted invoice. The funds they have transferred are based upon the amount the client has said is payable.

They can but it's called taking the piss, which they probably think you have done as well. Not insurmountable but expected in situations like this.

[BlasterBates]

You are entitled to the money, just because the timesheet didn't go through the system makes no odds, you did the work no-one is going to dispute it so chase for the money.

[northernladuk]

You are entitled to the money, just because the timesheet didn't go through the system makes no odds, you did the work no-one is going to dispute it so chase for the money.

It does appear from his last sentence that the client won't agree with his time sheet which is a different beast altogether.

[TheFaQQer]

You are entitled to the money, just because the timesheet didn't go through the system makes no odds, you did the work no-one is going to dispute it so chase for the money.

Looks like the discrepancy is going to be over the weekend working and the rate charged.

Which is going to be much harder to argue now that there is no access to any system to prove / enter the details of what was worked and when, and under what authority if the rate is significantly different.

[Neomash]

Re: Newbie Contractor in trouble...?

Hi, just to clarify a point or two.

I was told that my contract would be extended, but did not receive any official paperwork until the last day of the initial contract. I did not believe that I had acted unprofessionally up until now. The stance I took was that I could not decide whether I would be signing the contract extension as I had not seen the contract extension up until that point.

The company is not disputing the fact that I worked the time, or the hours, merely that I did not record them on the system. I think I have upset the client somewhat in the manner that I have acted, but fail to see how I could have done it any other way. I was negotiating for a rate rise up until the final day of the initial contract. The extension was then sent through for me to review - no rate rise included meant no acceptance from me. Again, my stance was that if the client and recruitment agency could not sort out their admin enough to get the contract to me for review before the final day of my current contract then they could not get too upset if I refused to extend on the final day.

I will try the paper timesheet copy and invoice to the client and recruitment agency respectively to see where I end up. I was hoping that I could use some of the experience in the forum to advise whether it was worth taking a legal route if this doesn't work out as I would like, or whether it is something I will just have to grin and bear for being a pillock and not submitting the timesheet before my holiday.

[Wanderer]

I was negotiating for a rate rise up until the final day of the initial contract. The extension was then sent through for me to review - no rate rise included meant no acceptance from me. Again, my stance was that if the client and recruitment agency could not sort out their admin enough to get the contract to me for review before the final day of my current contract then they could not get too upset if I refused to extend on the final day.

Harsh, but if your negotiations were in good faith and they broke down when you couldn't reach an agreement then that's just business. Certainly, it's unlikely that there was any mutuality of obligation beyond the end of the original contract and the client would have been well aware of that.

The company is not disputing the fact that I worked the time, or the hours, merely that I did not record them on the system.

And now they are preventing you from recording the details on the system? Contact them and tell them that you would like to be given access so the time can be properly recorded or alternatively that they can do it for you.

If the client refuses to co-operate then file then go ahead and submit an invoice without a signed timesheet along with a statement that the client accepts that the hours were worked and the work completed to their satisfaction but they are refusing to allow the timesheet to be entered in the system.

I will try the paper timesheet copy and invoice to the client and recruitment agency respectively to see where I end up.

NO!!!! Invoice the AGENCY because that is who your contract is with and the agency will take it up with the client.

If the agency says "Where's the timesheet", then say "The client doesn't dispute that I worked the hours, however I have no way to record them in the timekeeping system because I no longer have access to it". The agency will then try and fob you off with the "no timesheet, no pay" argument but in the absence of a genuine dispute with the client then it's quite possible that a court will see that the client is acting in bad faith by frustrating your efforts to bill for the contract.

To look at it another way, could a client stop paying it's suppliers by denying them access to it's procurement system which they would normally have access to? Of course not and this situation is no different.

I was hoping that I could use some of the experience in the forum to advise whether it was worth taking a legal route if this doesn't work out as I would like

Ahh, many of the people here are bed wetters who would say just suck it up but I say don't let them get away with it. You are perfectly within your rights to pursue them for what they owe you.

or whether it is something I will just have to grin and bear for being a pillock and not submitting the timesheet before my holiday.

Ahh, I got into the same situation once. I had to go and grovel to the client to ask for my access to be temporally reinstated so I could enter the hours. Now I set a reminder in my calendar so I don't ever miss deadlines for completing timesheets.

In future, make sure you don't opt out of the agency conduct regulations though as it would strengthen you position quite considerably if you didn't opt out...

[northernladuk]

Ahh, many of the people here are bed wetters who would say just suck it up but I say don't let them get away with it. You are perfectly within your rights to pursue them for what they owe you.

To be fair that is not quite correct. They will say that in the posts about people being finished early and crying about not getting the notice period pay they didn't work.

This one is pretty clear cut. Time worked = money paid. I don't think anyone would think any different.

[Wanderer]

This one is pretty clear cut. Time worked = money paid. I don't think anyone would think any different.

Yep, I think there is a pretty strong consensus on that point. No one running a small business like we do would write off almost 2 grand because of a simple admin problem.

The quote I was referring to was the first reply in this discussion which was from a chap who I tend to disagree with from time to time. I'm not sure if he really believes some of the things he says or he's just trolling.

Personally I'd write it off and get on with life. I suspect the client isn't your friend any more, and at £950 a day, you're not exactly struggling to pay the mortgage.