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Agency contract says 7

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    Agency contract says 7

    Tldr agency trying to pay on 28th day contract says 7

    So basically chucked my line manager the line I will be leaving Friday 21 days after starting should have been on 7 day terms enquired several times as to am I on 7 day payment 14 days later still not paid.

    Rings agency who says you won’t get paid your on 28 days

    Pointed out contract email etc says 7 days

    Agency guy goes away confirms yes on 7 days director has confirmed this and will get a chaps payment to you

    Monday blows by

    Today get email from agency saying due to the client not paying them on 7 days I won’t be on 7 days they have put me on 28 days

    I Point out their payment terms with their client aren’t my problem ( but they are now)
    Told director is very apologetic but nothing they can do

    Then discover contractor sat next to me is on 7 days same agency and I found out because he heard the convo with the hiring guy

    Three weeks in I am thinking the agency think I’m a bit too invested to walk on this one since also discovering today the role will be inside ir35 I am defininity happy to walk today, just feel bad for the company , nice company and it seems a bit off to just walk out not having given them much bang for their buck, you know it takes a week for them to get any useful output.

    What the best course of action here in 25 years I’ve never been blagged this badly

    #2
    The 30 day terms on my current gig were extended out to 45 days and, due to it being a paid when paid agreement, is sometimes longer. It's not worth flouncing over though.

    I presume you don't need the work hence your comment about an assumption of you now being invested.

    Is your issue that you feel you've been misled into payment terms you're not getting (what the terms are with the other contractor on site are irrelevant), or do you not feel like the agency will honour any payments to you and you're working at risk?

    Dragging your client into a turf war with the agency isn't cool unless it's the last resort. Sounds like you lept to that quite quickly. Maybe the client will think you're a trouble maker and quietly let you go when the opportunity arises.

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      #3
      Seems like you are going to get paid a little later than expected. Whatever. Not enough time to do anything other than wait.
      nomadd liked this post

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        #4
        Not sure what the law is in UK, but in Ireland there are statutory penalties and interest for late payment. Just tot them up and advise them of their debt at contract end, assuming similar laws in UK. Of course if you think there is a risk of default that is a different matter.

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          #5
          You have another oven ready contact to go to ?

          Walk out tomorrow they have broke the contact, sit on the bench until Feb


          Sent from my iPhone using Contractor UK Forum

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            #6
            Originally posted by GhostofTarbera View Post
            You have another oven ready contact to go to ?

            Walk out tomorrow they have broke the contact, sit on the bench until at least Feb


            Sent from my iPhone using Contractor UK Forum
            FTFY.
            nomadd liked this post

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              #7
              Originally posted by Old Greg View Post
              Not sure what the law is in UK, but in Ireland there are statutory penalties and interest for late payment. Just tot them up and advise them of their debt at contract end, assuming similar laws in UK. Of course if you think there is a risk of default that is a different matter.
              There is in England and Wales.

              Generally, though you are supposed to negotiate with late payers to get them to pay you and on time, then only as a last resort start charging them interest and penalties.

              mikedesign read through your contract properly.

              There may be a clause in it that states that you will be paid when the agency is paid by the client. Also check what interest and penalties you are allowed to charge for late payment. If there isn't a paid when the agency gets paid clause, then every time they pay you late add interest and penatlies to the next invoice, etc until they pay you the money. If they haven't paid them by the end of the contract chase them for this money as it is debt owed to you.

              Edited to say - I had a client who did this to me. They actually paid the late payment interest and penalties.
              Last edited by SueEllen; 10 December 2020, 08:52.
              "You’re just a bad memory who doesn’t know when to go away" JR

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                #8
                It's a fairly common game the agency plays to keep their staff entertained. When they spot a paritcularly gullible individual they devise a plan to see how they can push them. Sometimes they hang the contractor on saying client hasn't released the role and keep pushing the date back. They then take a sweepstake to see how long before they clock on their is no gig.
                Unfortuantely you've been caught by the old 'changing payment dates' game. They'll keep messing you around about when you'll get paid until you tip over the edge. To give you some credit you must be a tough cookie as they've had to draft in some help in the form of a contractor having a fake call with the agent.

                Just to cancel out that credit... you don't have a line manager.

                Three weeks in I am thinking the agency think I’m a bit too invested to walk on this one since also discovering today the role will be inside ir35 I am defininity happy to walk today, just feel bad for the company , nice company and it seems a bit off to just walk out not having given them much bang for their buck, you know it takes a week for them to get any useful output.
                I'm not so sure about that. If the client provides the correct log in and kit I like to think I've earned my crust in the first week. Granted maybe not 100% but definitely useful.

                If you started outside and the role is going inside you've got to walk. Just move on and wait for the money to arrive.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

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                  #9
                  Pro tip never ever hand in notice UNLESS you have banked most of the money due to you as agencies can & will play games over paying you the rest regardless of what the contract says!

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                    #10
                    Originally posted by uk contractor View Post
                    Pro tip never ever hand in notice UNLESS you have banked most of the money due to you as agencies can & will play games over paying you the rest regardless of what the contract says!
                    But if they are constantly paying 28 days late that's not going to work is it?
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

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