recruitement agency wont pay as end client did not sign timesheet

[joymasch]

hello all
I have seen some threads concerning this problem but did not find a solution. I left a project according to the notice period in my contract with the agency: i suspect the agency and the end client did not have the same terms: bottom line, the client wont sign the timesheet, which is a requirement for being paid by the agency (in the contract) and the agency refuses to pay me in return. My umbrella company refuses to take them to court, claiming i will lose, even if i have emails proving i was at the client, proving that i could not perform my job because the client did not provide the appropriate accesses and a download of the client internal applications in which i entered my time on specific projects.
did anyone have this problem and managed to solve it? if yes, can you please tell me how and direct me to whoever helped you?
thanks

[Bellona]

Why won't the end client sign your time sheet ?

[kaiser78]

Are you opted in or out ?

[malvolio]

Are you opted in or out ?

Totally irrelevant. The contract will say payment follows a signed proof of work. Nothing to do with agency cash flow. So nothing to do with the agency regs.

[Wanderer]

Are you opted in or out ?

The answer to that question is very important because if you did opt out then it's almost certain that the agency have specified in your contract that they do not have to pay if the client refuses to sign the timesheets.

Of course, the umbrella have no interest in making waves and trying to force the agency to pay up either. That will just annoy the agency who will then be forced to go and hassle the client for payment.

I would speak to the Citizens Advice Bureau and ask what your options are. You may be able to threaten the umbrella with an employment tribunal.

[malvolio]

The answer to that question is very important because if you did opt out then it's almost certain that the agency have specified in your contract that they do not have to pay if the client refuses to sign the timesheets.

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They will anyway. No company is going to pay an invoice if there is no proof of delivery.

I would speak to the Citizens Advice Bureau and ask what your options are. You may be able to threaten the umbrella with an employment tribunal.

Yeah, that will work.

The real question, and the real first step, is to understand why the timesheets haven't been approved. The next step is to stay home until they are.

[LisaContractorUmbrella]

It sounds as though the OP left the project before the end of the agreed notice period that the client had with the agency although in line with the notice period in the contract that the agency had with the umbrella company

[GB9]

Legal action, either tribunal or court.

Don't hang around. Send warning letters and then start action. They owe you but you wont get paid by posting on forums.

[blacjac]

proving that i could not perform my job because the client did not provide the appropriate accesses

I think this is the main point.
No work was done = no pay in my opinion. Even for brolly contractors.

[DirtyDog]

My umbrella company refuses to take them to court, claiming i will lose, even if i have emails proving i was at the client, proving that i could not perform my job because the client did not provide the appropriate accesses and a download of the client internal applications in which i entered my time on specific projects.

So, what work did you do if you couldn't access the systems?

If you did not opt out of the agency regulations, then as long as you can prove that you did the work, then you are entitled to get paid for them - if the agency aren't happy, then they would have to sue you to get the money back.

However, if you didn't actually do anything, then I can understand why people don't want to pay you.