New to contracting - notice question

[GillsMan]

Depends - if the client has agreed to pay without a signed timesheet and Alex has proof of this, then there is a chance of payment.

I was going to chime in about this. If the agency had been paid the 4 weeks by the client, then we'd be having a very different conversation with the OP I think.

[Alex B]

They will pay the 4 weeks IF an appropriate signed timesheet turns up. It didn't so it's down to 2 weeks.

One thing to remember is your contract is with the agent. Doesn't matter what the client says. It means nothing. The agent pays you. The client has made a mistake, the agent has pointed the terms of the contract, the client has agreed and now it's 2 weeks.

Not really many other ways of saying it.

That's not how the conversation went. They didn't say produce the invoice and and we'll wait for the timesheets or the client to approve them. Everyone knew there would be no timesheets because I would be in no position to access the client system to produce them.

The email exchange went something like, me asking how and when I'll be paid, including the notice period, and them responding that I needed to invoice for the whole amount then it would be paid in 6 weeks because that's how their payment cycle runs. I knew about the 6 weeks already but wasn't sure if they would treat the 6 weeks as a whole amount or pay first 2 and then the 4 on the next run. They said it would be paid in one go.

[Alex B]

https://www.qdoscontractor.com/docs/...d.pdf?sfvrsn=2

Thanks!

[Alex B]

Did you get your contract checked by QDOS or the like. If you didn't and suitable MoO clauses are not in there your IR35 status could be in jeopardy.... Which is saved by the fact you've been terminated and can prove financial risk.

I didn't get it checked. Will look into that in the future.

[LondonManc]

That's not how the conversation went. They didn't say produce the invoice and and we'll wait for the timesheets or the client to approve them. Everyone knew there would be no timesheets because I would be in no position to access the client system to produce them.

The email exchange went something like, me asking how and when I'll be paid, including the notice period, and them responding that I needed to invoice for the whole amount then it would be paid in 6 weeks because that's how their payment cycle runs. I knew about the 6 weeks already but wasn't sure if they would treat the 6 weeks as a whole amount or pay first 2 and then the 4 on the next run. They said it would be paid in one go.

Who is them?

[Alex B]

Who is them?

The agency. I know that my contract was with them so all the conversations around payment were with them too, beyond the client saying they were happy to pay notice and that I didn't have to work it. They, the agency, knew there would be no time sheets from me for the 4 week notice period we were discussing but asked me to provide an invoice specifically including the notice so that they could pay me everything in one go. Then it all went quiet. Fine, I understand I had to wait 6 weeks for payment. Then nothing at all appeared. Lots of calls with no one available to talk to me. Then an email saying the invoice they had was wrong because it's for 6 weeks!

Like I said, if they'd said right off, either the client or the agency or both, that all I was getting was the two weeks and why (because they can get away with it!) I probably would've accepted it and moved on. But both said very clearly that the changes on the project came from high up and were nothing to do with me or my work, and that I would be paid the 4 weeks notice and a big sorry, and we'll have you back any time etc.

To then get nothing at all until I've chased it hard, and then to probably not get notice paid is what's pissing me off and if there is something I can do about it I'd like to. Especially as I strongly suspect if I'd bailed out early to take a better off I would have been hit financially by the agency not paying up for the work I did do.

Also, not that it's important, I had two offers on the table. I took the contract I'm discussing here because it was the same money but longer duration. The other one was three months. So I gave up the opportunity of three months work for what turned out to be two weeks. Nothing I can do about that but I do think that I'm clearly the wrong party in all this and it would be nice to rattle a few cages.

[northernladuk]

The agency. I know that my contract was with them so all the conversations around payment were with them too, beyond the client saying they were happy to pay notice and that I didn't have to work it. They, the agency, knew there would be no time sheets from me for the 4 week notice period we were discussing but asked me to provide an invoice specifically including the notice so that they could pay me everything in one go. Then it all went quiet. Fine, I understand I had to wait 6 weeks for payment. Then nothing at all appeared. Lots of calls with no one available to talk to me. Then an email saying the invoice they had was wrong because it's for 6 weeks!

Like I said, if they'd said right off, either the client or the agency or both, that all I was getting was the two weeks and why (because they can get away with it!) I probably would've accepted it and moved on. But both said very clearly that the changes on the project came from high up and were nothing to do with me or my work, and that I would be paid the 4 weeks notice and a big sorry, and we'll have you back any time etc.

To then get nothing at all until I've chased it hard, and then to probably not get notice paid is what's pissing me off and if there is something I can do about it I'd like to. Especially as I strongly suspect if I'd bailed out early to take a better off I would have been hit financially by the agency not paying up for the work I did do.

Also, not that it's important, I had two offers on the table. I took the contract I'm discussing here because it was the same money but longer duration. The other one was three months. So I gave up the opportunity of three months work for what turned out to be two weeks. Nothing I can do about that but I do think that I'm clearly the wrong party in all this and it would be nice to rattle a few cages.

The client has no say in what you will get paid. Period. They probably said it in good faith but when it came to the finances the bean counters said not a chance. After all, it should come out of a budget that no longer exists. Gotta get over that.

Missed payment because the invoice is wrong is pretty common, along with agents ineptitude to sort stuff out. I've had this a couple of times. They probably do monthly runs and if you miss one you are in the next and that's that.

The offers thing is irrelevant. You can't beat yourself up about it or be annoyed about what you might have had. That's the nature of what we do. We deal with what's on the plate and then move on. If we sat there thinking back about what if I'd done this or that we'd all be in a mess.

Gotta man up sometimes I am afraid.

[missinggreenfields]

Nothing I can do about that but I do think that I'm clearly the wrong party in all this and it would be nice to rattle a few cages.

In that case, split the invoice into two different ones as I suggested. That way the first one has to be paid, and you can argue the second one.

Then, when the second one is late, either get a cheap solicitor to send a debt chasing letter or file a small claims court action against the agency for not paying.

[northernladuk]

In that case, split the invoice into two different ones as I suggested. That way the first one has to be paid, and you can argue the second one.

Then, when the second one is late, either get a cheap solicitor to send a debt chasing letter or file a small claims court action against the agency for not paying.

THIS!!!

Good luck with part 2 though. That said they do fold occasionally, although pulling the instant termination route on you kind of kills that off. That is your word v theirs.

[SueEllen]

Also, not that it's important, I had two offers on the table. I took the contract I'm discussing here because it was the same money but longer duration. The other one was three months. So I gave up the opportunity of three months work for what turned out to be two weeks. Nothing I can do about that but I do think that I'm clearly the wrong party in all this and it would be nice to rattle a few cages.

Every contract is a gamble that you will be walked off from day one.

So take the contract you like the sound off them most then if it is cut short don't get upset.