Agency Refusing to Pay Me After Leaving Contract with No Notice & No Signed Timesheet

[northernladuk]

If clients start judging whether my effort is worth what I demand, I'm buggered completely

Would it be better to say I'm completely buggered?

[meridian]

If clients start judging whether my effort is worth what I demand, I'm buggered completely

Well, within the context of walking out on a contract in the first week it would be hard to argue.

It does raise an interesting question though. If, as a lot of posters bang on about, there is a statement of work with clear deliverables, and after one week there has been no completed deliverable, does the client have recourse under consumer law to claim a full refund as the goods and services are not as described?

(Yes, I know, it's B2B and not consumer)

[northernladuk]

But generally we work on a T&M basis so this wouldn't apply.

[malvolio]

But generally we work on a T&M basis so this wouldn't apply.

If we accept that to be true, which I have some reservations about, how many material things would you have delivered in your first week on site, given you've buggered off at the end of it...?

Your client may be paying you for time worked as an accounting convenience, but he rather expects you to have added some value to his business. All this bollocks about "I've worked five days so I want five days pay regardless" is precisely that; bollocks.

[northernladuk]

Am not arguing that at all. I wouldn't blame the client for notnpaying and I'd be more than a little embarrassed to be pushing for payment in this situation but as people will point out there is a contract in place so in theory it should be black and white.

[Contreras]

All this bollocks about "I've worked five days so I want five days pay regardless" is precisely that; bollocks.

In your opinion.

If a contract agrees a day-rate with weekly payment terms then that's what it is.

The problem here is whether or not the agency could/would counter-claim.

[malvolio]

In your opinion.

If a contract agrees a day-rate with weekly payment terms then that's what it is.

The problem here is whether or not the agency could/would counter-claim.

No, the problem here is a failure to recognise that we don't get paid just for being there, we get paid for delivering cost-effective work. Fail to do that and the other clause in the contract - the one about sub-standard performance - takes precedence. All contracts are framed on the reasonable assumption that both sides will honour all its terms; the OP has not really demonstrated that he attempted to do that; even if he did, he has not delivered what he was contracted to deliver.

OK, perhaps he was prevented from doing so. That's why my original comment was to look up Force Majeure, which will also be covered in the contract.

[ziggystardust]

Agency Refusing to Pay Me After Leaving Contract with No Notice & No Signed Timesheet

I've been reading everyone's responses which have differed greatly and so an finding this all rather confusing. Just to add, when I did email the agency regarding my non attendance on site I did offer a substitute but I received no response to my email from my contact, the consultant, only to say sorry that I couldn't continue, thus avoiding the subject altogether. I was then contacted by the Regional Director to say the consultant was in hospital and can't respond to any emails or phone calls. The update is that aid Director, since my initial post, has emailed me to say she is still trying to get in touch with the client regarding my timesheet and discussing my work and her thoughts on my invoice but still hasn't heard anything.

In my contract it states that the agency take no responsibility if the client does not pay them as they cannot then pay me but I have also been advised that being opted in protects one from such clauses? I am not sure what next steps should be. Hang fire for further updates from the Director, chase for payment after 30 days or take legal advice? I appreciate some of your comments staying it's more hassle than its worth for just 6 days work but it's still around 2k for me and due to my circumstances I have not been able to work and am reliant on this money towards my income.

[Boo]

No, you don't have any rights, but there may be a provision in your contract for this situation. What does you contract say?

The OP is opted in which does indeed give him/her rights. In particular they have the right to be paid even without a timesheet and even if the agency is not paid. Whether a court would enforce this under the circumstances would be up to the court but the right exists.

Boo

[Boo]

Such empathy NLUK, luckily most clients aren't heartless as you to sue someone who has fallen ill.

The client would be suing the agency, whith whom they have the contract, not the contractor, with whom they don't. The agency in turn could sue the Contractor's Ltd Co, not the contractor him/her self. But I don't think anyone will be suing anyone here...

Boo