Unpaid invoice:- Agency > Umbrella > Me ?

[rm55]

I'm after some advice!

I've been working through an umbrella company and finished my last contract in mid November. I should have been paid for the work I did that month on 6th Dec but for reasons as yet unknown I did not receive a payment. I left on good terms having given nearly 2 months notice and submitted authorised timesheets for my final 2 weeks therefore I've done everything required of me.

Now as an aside the umbrella company that the agency set me up with have been by far the worst I've ever used, but they assure me they did submit an invoice before the cut-off date for the November payrun.

I've spent the past week emailing the umbrella but zero progress has been made as far as I can tell. The finance dept of the agency are also not returning my emails.

I think I've given the umbrella enough time to at the very least explain what has gone wrong, so before I stop being polite I'm wondering:-

1) Assuming the agency don't pay the umbrella, does this become my problem or should the umbrella pay me regardless?
2) I've so far avoided contacting the agency directly, should I continue going through the umbrella or just by pass them and try resolving this myself ?

All advice gratefully recieved - thanks.

[northernladyuk]

I'm after some advice!

I've been working through an umbrella company and finished my last contract in mid November. I should have been paid for the work I did that month on 6th Dec but for reasons as yet unknown I did not receive a payment. I left on good terms having given nearly 2 months notice and submitted authorised timesheets for my final 2 weeks therefore I've done everything required of me.

Now as an aside the umbrella company that the agency set me up with have been by far the worst I've ever used, but they assure me they did submit an invoice before the cut-off date for the November payrun.

I've spent the past week emailing the umbrella but zero progress has been made as far as I can tell. The finance dept of the agency are also not returning my emails.

I think I've given the umbrella enough time to at the very least explain what has gone wrong, so before I stop being polite I'm wondering:-

1) Assuming the agency don't pay the umbrella, does this become my problem or should the umbrella pay me regardless?
2) I've so far avoided contacting the agency directly, should I continue going through the umbrella or just by pass them and try resolving this myself ?

All advice gratefully recieved - thanks.

Ask the umbrella for a copy of the invoice. Chase up the agency. Check your contract with the umbrella to see whether you have legal remedy for withholding wages.

[moggy]

The fact the agency set you up with this umbrella is the first flag..

You would certainly be due minimum wage from the umbrella for the time owed as they were employing you presumably? I guess you just have to keep on them both chasing the agency and the umbrella.

[Safe Collections]

I'm after some advice!

I've been working through an umbrella company and finished my last contract in mid November. I should have been paid for the work I did that month on 6th Dec but for reasons as yet unknown I did not receive a payment. I left on good terms having given nearly 2 months notice and submitted authorised timesheets for my final 2 weeks therefore I've done everything required of me.

Now as an aside the umbrella company that the agency set me up with have been by far the worst I've ever used, but they assure me they did submit an invoice before the cut-off date for the November payrun.

Given the issues you have had with the brolly do you believe they have actually submitted the timesheet before the cut-off date?

I've spent the past week emailing the umbrella but zero progress has been made as far as I can tell. The finance dept of the agency are also not returning my emails.

The agency are unlikely to respond to you as their contract is with the brolly.

I think I've given the umbrella enough time to at the very least explain what has gone wrong, so before I stop being polite I'm wondering:-

1) Assuming the agency don't pay the umbrella, does this become my problem or should the umbrella pay me regardless?

You need to check your contract with the brolly very carefully, many umbrella contracts will include a "pay when paid clause" that links your payment to receipt of payment from the agency. So if they don't get paid you don't get paid either.

You may have rights as an "employee" of the umbrella but you again need to look at your employment status as outlined in the contract.

2) I've so far avoided contacting the agency directly, should I continue going through the umbrella or just by pass them and try resolving this myself ?

All advice gratefully recieved - thanks.

Before you do anything else you need to identify any clauses in the contract you have with the umbrella that may have an impact on the situation you describe. Your contract may have any number of clauses that limit your options or oblige you to pursue mediation in the event of a dispute.

In the absence of this information it will be very difficult for anyone to give any meaningful advice beyond keep chasing the brolly.

[BrilloPad]

I would never accept an umbrella I was forced to use. Agent is getting kickbacks.

Call the umbrella and speak to them.

Let us know what they say.

And name-and-shame.