Can an Agency ask me to wait to get paid until they get paid

[jacquibo]

You only have the agency's word that the client is not paying.

Personally, I'd be inclined to have a word with the client directly and say that you are considering having to stop your supply until the issue is resolved, as a way of teasing out their point of view. I wouldn't mention the non-payment by the client (as it may not even be true).

N.B. This is possibly a bit risky, but so is accepting all the risk by changing payment terms.

It all comes down to your risk profile.

Client is very up front and frank and told me in advance that the agency would be asking me to cease activities because they were awaiting more funds

The project has been going for many months I only recently joined - sorry if I gave the wrong impression.

I wasn't sure the agency could legally change my (already very loaded) payment terms after its been signed by both parties

[LondonManc]

Client is very up front and frank and told me in advance that the agency would be asking me to cease activities because they were awaiting more funds

The project has been going for many months I only recently joined - sorry if I gave the wrong impression.

I wasn't sure the agency could legally change my (already very loaded) payment terms after its been signed by both parties

No they can't. They have asked to change them rather than actually changed them from what you've said.

As I said originally, I'd want some compensation (e.g. £20 per day) for taking the extra risk.
I'd also credit check the agency and the client asap.

[jacquibo]

No they can't. They have asked to change them rather than actually changed them from what you've said.

As I said originally, I'd want some compensation (e.g. £20 per day) for taking the extra risk.
I'd also credit check the agency and the client asap.

Great tip thank you

[GhostofTarbera]

Great tip thank you

Get ipse+ insurance and will pay you up to £10K when agent/client goes bust

Does it say anywhere you won’t get paid if client fails to pay - bet it does


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[jacquibo]

Does it say anywhere you won’t get paid if client fails to pay - bet it does


Sent from my iPhone using Contractor UK Forum

No nothing in the contract about that. TFH I wouldn't have signed one that did

[Lance]

No nothing in the contract about that. TFH I wouldn't have signed one that did

Given that you don’t know what your rights are when the agency wants to alter the contract...... I’d read your contract again.

[SussexSeagull]

I begrudge the move to what seems to be the now near standard 30 days payment terms. Any more than that, especially when you might never actually get paid, is just passing the risk on to you.

You are nearer the client and situation so your call but my Spidey Sense would be tingling, even in the current depressed market.

[jacquibo]

Given that you don’t know what your rights are when the agency wants to alter the contract...... I’d read your contract again.

Unfortunately re reading the contract (even for the 4th tine) hasn't changed what's in it.

The payment terms are clear 30 days plus, there are all the normal clauses for non production of timesheets and the 6 month non compete clause with the addition of an addendum letter regarding to the protection of goodwill. They were kind enough to include an Assignment Schedule to reiterate the terms. So my original question was really to ask to see if others had experienced this situation and what they had done.

[jacquibo]

Update

It appears today, that the client / agency relationship has totally broken down and the contract terminated.

I don't have anything in writing yet just via a call but all kinds of threats being made about the non compete clause which makes the original question rather irrelevant now.

I did however, establish that the person who asked my if I would wait to get paid did not have any kind of authority to do so.

[SussexSeagull]

I believe the next step is to read up on the Dunning Process but I am sure better qualified people than me will confirm that.