Left contract for a new one based on false promises. Help needed!

[ChangePM]

Hi all. Any help and advice would be greatly appreciated.

To cut an incredibly long story short, I landed a new contract a few weeks back so I worked the notice with the existing client before moving to the new one. The new contract was more money than I was on at the time and the project had a programme running for the best part of two-years - It seemed like an absolute no brainer!

On the third day of the new contract, I left.

I'm based in Manchester and on the third day, I was told that they were moving the role from Manchester City Centre to an office 60 miles away; and there was an expectation that I would work in that office 3-4 days each week. There were a few alarm bells that I had made the wrong decision to move in the run up to this, but this was the final straw. With a 9 month old baby at home, it wasn't going to be feasible to be traveling 2 hours each way so it was agreed with the new client that we would go our separate ways and end the contract immediately by mutual consent.

Anyway, I put a timesheet in for the 2.5 days that I had worked in the new role and low and behold, the client is refusing to sign the timesheet. The agency that I was contracted through are telling me that because the client won't sign the timesheet, they will not pay me. (Can they do this??)

In a nutshell, I've left a contract and now find myself out of work and just to add insult to injury, it's looking like I'm not going to be paid for the days I worked.

Any help, tips, similar experiences and general stories to make me feel any better would be greatly appreciated.

Thanks in advance.

[quackhandle]

Seems a bit snide they won't pay you for the days you have worked however in these matters check your contract to see if you can they can do this.

Chin up, not easy contracting with a new family (I've been there) get onto the jobboards, linkedin, local networking groups and network like a bugger, you may find another gig within a week.

Can you go back to the old gig? You may have to eat a bit of humble pie/ have your tail between your legs but invoicing is invoicing.

This is contracting and it can be damn cruel at times, how's your warchest?

Good luck.

qh

[ChangePM]

Thanks for the response.

I've checked the contract and been met with a load of legal jargon from the agencies lawyer, basically saying that they can't get the money on my behalf so it's tough.

I'd love to go back to the old gig and left there on very good terms. I've been in touch with my old boss and met for a coffee, the problem is that they have shared out my responsibilities between a couple of staff and they almost need to be given the time to fail before they'll realise that they need to ask me back. My old boss knows that I'm available, we'll just have to see what happens.

The Warchest isn't too bad - I got the best piece of advice ever on my first day from another contractor and having been putting a bit aside from when out of contract.

Seems a bit snide they won't pay you for the days you have worked however in these matters check your contract to see if you can they can do this.

Chin up, not easy contracting with a new family (I've been there) get onto the jobboards, linkedin, local networking groups and network like a bugger, you may find another gig within a week.

Can you go back to the old gig? You may have to eat a bit of humble pie/ have your tail between your legs but invoicing is invoicing.

This is contracting and it can be damn cruel at times, how's your warchest?

Good luck.

qh

[uk contractor]

OP sorry to hear this happened but sadly this is not uncommon in contracting & why you should always plan your next career move very carefully. At least its only 2.5 days I got stiffed for 3 months overtime & for another role got stiffed for over £10K when they underpaid my final invoice as the signing manager did not have the permission to sign single invoices for more than 4 figures & his boss had just left so no way to recover the difference! They had paid me already a large amount of money so I did not pursue as the agency was not helpful either as they did not wish to upset the client & lose future work.
Not being funny but 60 miles does not sound like much when you consider your now out of contract & going to be out of work for weeks not earning. I know you mention your new born baby but I would have travelled for a while tried to minimise the travelling time (a motorbike would cover 60 miles in way less than 2 hours for instance! more like 45 min's.)

[NotAllThere]

It's very simple. If you've done substantive work (which can mean "spending time") with the client, you are entitled to be paid.

Opting in just makes it easier.

Remember your contract is with the agency. No one else. Start dunning.

[ChangePM]

Sorry to hear about your experiences, it seems to be a jungle out there sometimes.

It's a fair point that you make and I've spent hours and hours going over the decision and wondering "what if" I'd just sucked it up and done the travelling. The fact is that I would have had to leave before my daughter wakes up and get home when she's back in bed - every week. It wouldn't have worked. Also, its a gruelling 60 mile trip (M62 and M6), if it was a decent drive or train, I would have done it.

The other things is that if I had just got on with it for a few weeks whilst looking for something else, I would have had to put it on my CV (which would look bad) and get a reference for future clients (which might not have been a positive reference). It would have been a bit of mess all round.

I think I might the right decision to leave and stand by it, it's just a bummer having left a good contract and now I'm out of work. I've definitely learned a tough lesson.

OP sorry to hear this happened but sadly this is not uncommon in contracting & why you should always plan your next career move very carefully. At least its only 2.5 days I got stiffed for 3 months overtime & for another role got stiffed for over £10K when they underpaid my final invoice as the signing manager did not have the permission to sign single invoices for more than 4 figures & his boss had just left so no way to recover the difference! They had paid me already a large amount of money so I did not pursue as the agency was not helpful either as they did not wish to upset the client & lose future work.
Not being funny but 60 miles does not sound like much when you consider your now out of contract & going to be out of work for weeks not earning. I know you mention your new born baby but I would have travelled for a while tried to minimise the travelling time (a motorbike would cover 60 miles in way less than 2 hours for instance! more like 45 min's.)

[NotAllThere]

From the information given here, I certainly think you made the right decision. I've been contracting on and off since 1995. Family comes first. If you're any good, you'll still keep the moolah rolling in.

[uk contractor]

Sorry to hear about your experiences, it seems to be a jungle out there sometimes.

It's a fair point that you make and I've spent hours and hours going over the decision and wondering "what if" I'd just sucked it up and done the travelling. The fact is that I would have had to leave before my daughter wakes up and get home when she's back in bed - every week. It wouldn't have worked. Also, its a gruelling 60 mile trip (M62 and M6), if it was a decent drive or train, I would have done it.

The other things is that if I had just got on with it for a few weeks whilst looking for something else, I would have had to put it on my CV (which would look bad) and get a reference for future clients (which might not have been a positive reference). It would have been a bit of mess all round.

I think I might the right decision to leave and stand by it, it's just a bummer having left a good contract and now I'm out of work. I've definitely learned a tough lesson.

Its a tough environment for sure! We have all been there & thrown well paid work away without an alternative its just the nature of contracting until you have earned everything the contract states its all in flux there is always some wriggle room from the agency & client to prevent the contract running to plan. Putting family first is always best TBH no amount of money can compensate for lost away from family time which can never ever be recovered. You will just need to put it all behind you & find something else starting tomorrow. Good luck & just keep reminder yourself the next contract will be better is all you can do!

[ChangePM]

Have you any tips about the dunning process?
I've raised an incident with acas. Apparently they're going to call me back in a few days to get some further info on the issue.

Should I send the agency an invoice? A strongly worded email? Send in the enforcers?

It's very simple. If you've done substantive work (which can mean "spending time") with the client, you are entitled to be paid.

Opting in just makes it easier.

Remember your contract is with the agency. No one else. Start dunning.

[Lance]

Left contract for a new one based on false promises. Help needed!

Have you any tips about the dunning process?
I've raised an incident with acas. Apparently they're going to call me back in a few days to get some further info on the issue.

Should I send the agency an invoice? A strongly worded email? Send in the enforcers?

ACAS? Really?

Acas (Advisory, Conciliation and Arbitration Service) provides free and impartial information and advice to employers and employees on all aspects of workplace relations and employment law. We support good relationships between employers and employees which underpin business success.

Send an invoice with evidence that you did the work. Wait till it doesn’t get paid. Google dunning.