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Legal help needed

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    Legal help needed

    I am trying to explore legal options how to get payment from the agency and client. The agency compeled to sign the opt out; it was one of the mandatory forms that I needed to sign to get the contract out. I had done the interview earlier and so the introduction was already done, and so I am aware that this opt-out is irrelevant. I was on monthly timesheet, and self billing agreement.
    After 5 weeks of work, the client has found someone cheaper and has given me a notice to terminate. I am okay with this, and asked the client if they want me to do a handover during the notice period. The client has rejected the timesheet for 5 weeks without any justification. They want me to only charge for 3 weeks instead of 5. Essentially the client don't want to pay me for last 2 weeks. Because of this, I withdrew my services, as I had no assurance that any work that I put in even during the notice period will be paid. I informed the client, I am happy to start the notice period, once the timesheet for the earlier period is authorised.
    The agency is not helping me and I am suspecting some foul play, but cannot provide evidence of the same. The agent says, it is my fault to withdraw the services, and I am still legally obliged to serve the notice period. I cited the clause in my contract, where it says, that the client don't have to provide me work and I am not obliged to accept the work. So there is a stall in communication at this point in time.
    I need some recommendation for a legal adviser who can help me navigate the issue. I have email backup and a log of my work that I have put in so far; so if needed I can prove that I was working for that time. Can someone please recommend someone.


    TLDR: Need legal adviser to help me sue agency, to get me paid for the time I put in. The client wants me to put in less time on timesheet before they can authorise the timesheet. Agency wants a signed timesheet to generate invoice. Opt-out was signed because it was mandatory to generate contract paper work, and it was signed after the introduction.

    #2
    Originally posted by rd409 View Post
    I am trying to explore legal options how to get payment from the agency and client. The agency compeled to sign the opt out; it was one of the mandatory forms that I needed to sign to get the contract out. I had done the interview earlier and so the introduction was already done, and so I am aware that this opt-out is irrelevant. I was on monthly timesheet, and self billing agreement.
    After 5 weeks of work, the client has found someone cheaper and has given me a notice to terminate. I am okay with this, and asked the client if they want me to do a handover during the notice period. The client has rejected the timesheet for 5 weeks without any justification. They want me to only charge for 3 weeks instead of 5. Essentially the client don't want to pay me for last 2 weeks. Because of this, I withdrew my services, as I had no assurance that any work that I put in even during the notice period will be paid. I informed the client, I am happy to start the notice period, once the timesheet for the earlier period is authorised.
    The agency is not helping me and I am suspecting some foul play, but cannot provide evidence of the same. The agent says, it is my fault to withdraw the services, and I am still legally obliged to serve the notice period. I cited the clause in my contract, where it says, that the client don't have to provide me work and I am not obliged to accept the work. So there is a stall in communication at this point in time.
    I need some recommendation for a legal adviser who can help me navigate the issue. I have email backup and a log of my work that I have put in so far; so if needed I can prove that I was working for that time. Can someone please recommend someone.


    TLDR: Need legal adviser to help me sue agency, to get me paid for the time I put in. The client wants me to put in less time on timesheet before they can authorise the timesheet. Agency wants a signed timesheet to generate invoice. Opt-out was signed because it was mandatory to generate contract paper work, and it was signed after the introduction.
    first things first. You need evidence that you did work.
    If a signed timesheet is not forthcoming then any email correspondence where they acknowledge you did the work.
    The burden of proof is on you unfortunately.

    Once you have that the rest is just about time an patience. Google 'dunning'.
    But without the following 3, you are stuffed.
    - Agreement to pay for services (PO or contract)
    - Evidence of services provided (timesheet is best but any evidence is valid in law)
    - An invoice. If the self-billing system won't let you invoice then you invoice the agency directly

    And remember. It's the agency you chase for payment. The client you chase for evidence of work done.
    See You Next Tuesday

    Comment


      #3
      Do you have IPSE membership? They have a legal helpline which won't get you a solicitor, or actually do anything for you, but might give you some guidance on how best to approach this. If not, check your insurances to see if this is a benefit of the policy.

      Right now you're going to be mightily pissed off and you need to get the emotion out of it (easier said than done). Talking it through with an impartial adviser will help you get things in order.

      Comment


        #4
        So what's the argument here? They are willing to accept an invoice for three weeks but you want to put five in? You can chase the money you worked for, but any non worked time like the notice period you didn't work isn't yours. You didn't work it therefore you weren't due it so can't chase it.

        No way are you going to sue for two weeks money. It will cost way more than that.

        Invoice the three weeks and move on.
        Last edited by northernladuk; 20 March 2021, 16:58.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #5
          Originally posted by northernladuk View Post
          So what's the argument here? They are willing to accept an invoice for three weeks but you want to put five in? You can chase the money you worked for, but any non worked time like the notice period you didn't work isn't yours. You didn't work it therefore you weren't due it so can't chase it.

          No way are you going to sue for two weeks money. It will cost way more than that.

          Invoice the three weeks and move on.
          They said they worked five weeks.

          After 5 weeks of work, the client has found someone cheaper and has given me a notice to terminate. I am okay with this, and asked the client if they want me to do a handover during the notice period. The client has rejected the timesheet for 5 weeks without any justification. They want me to only charge for 3 weeks instead of 5. Essentially the client don't want to pay me for last 2 weeks.

          Comment


            #6
            Invoice 3 weeks and move on, the foul play I suspect is you did not cut the mustard and they wanted rid pronto (rather than cheaper person therory)

            Comment


              #7
              So the agency got you to opt out. Which means you will only get paid what they receive.

              And yes there really should be a legal case over what makes an opt-out valid - should it only be valid if sent prior to first interview or is it valid if it is requested any time prior to the first day of work - the simple fact is that no body knows but there is zero chance of there being a court case of it as its pointless come April.

              Which means you choices are:-

              Invoice for 3 weeks or go to court and try to claim for all 5.

              But the cost of that court case is easily going to be more than the 2 week you are arguing over so I really wouldn't bother.
              merely at clientco for the entertainment

              Comment


                #8
                Does stagger me that people think it is acceptable for clients to wriggle out of paying invoices.

                Not really my field but go through the Dunning process. Good luck.

                Comment


                  #9
                  Originally posted by SussexSeagull View Post
                  Does stagger me that people think it is acceptable for clients to wriggle out of paying invoices.

                  Not really my field but go through the Dunning process. Good luck.
                  I agree with you; the advice above is probably from a practicality point of view.

                  The OP needs to invoice the agency, it seems like they're on a self-billing arrangement so are under the misapprehension that they cannot issue an invoice without a signed timesheet.

                  Hopefully the OP has it in writing that the client acknowledges 5 weeks were worked but will only pay for 3. That plus their own invoice should be sufficient evidence to demand payment from the agency.

                  Comment


                    #10
                    Originally posted by ladymuck View Post

                    I agree with you; the advice above is probably from a practicality point of view.

                    The OP needs to invoice the agency, it seems like they're on a self-billing arrangement so are under the misapprehension that they cannot issue an invoice without a signed timesheet.

                    Hopefully the OP has it in writing that the client acknowledges 5 weeks were worked but will only pay for 3. That plus their own invoice should be sufficient evidence to demand payment from the agency.
                    Except for the fact the user has opted out - which means the agency is not under any obligation to pay you for the work you did - that the agency does not receive money for.

                    And we have already seen for a previous conversation that Safe Collections won't push for payment in these circumstances due to issues within the contract (wish I could find the post but you know how bad the search system currently is).

                    merely at clientco for the entertainment

                    Comment

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