Bills Unpaid

[nemosdad]

Hi All,
Need some advice.

I signed up a contract with Wipro in the middle of March Inside IR35, they postponed the start date and finally started on 28th March. My ID was not activated after numerous emails and I was not able to submit my timesheet. Meanwhile mid-April suddenly got a call from my manager who told me that I am given a month's notice now and I can charge for the 33 days I was with them.

I am sending emails almost every other day and got around 30-40 emails between me and the people in Wipro and I can see it is clearly Wipro's fault. I got everything in email writing and even after I left 15 days ago they did not pay me for 33 days citing their internal issues which are none of my business.

Is there a way I can take legal action? Emails are totally useless, they were not ready to let me go and I clearly emailed them that I do not wish to continue with them. I also signed another contract and continuing with them now. If I can take legal action, how do I proceed?

TLDR; When my contract started, My ID was not activated, so I couldn't enter my timesheets, but they let me go after 33 days as their projects didn't come through. Got email evidence for everything including my manager asking me to charge them for the days I was with them, need advice on if I can take legal action and how I can start.

[eek]

Hi All,
Need some advice.

I signed up a contract with Wipro in the middle of March Inside IR35, they postponed the start date and finally started on 28th March. My ID was not activated after numerous emails and I was not able to submit my timesheet. Meanwhile mid-April suddenly got a call from my manager who told me that I am given a month's notice now and I can charge for the 33 days I was with them.

I am sending emails almost every other day and got around 30-40 emails between me and the people in Wipro and I can see it is clearly Wipro's fault. I got everything in email writing and even after I left 15 days ago they did not pay me for 33 days citing their internal issues which are none of my business.

Is there a way I can take legal action? Emails are totally useless, they were not ready to let me go and I clearly emailed them that I do not wish to continue with them. I also signed another contract and continuing with them now. If I can take legal action, how do I proceed?

TLDR; When my contract started, My ID was not activated, so I couldn't enter my timesheets, but they let me go after 33 days as their projects didn't come through. Got email evidence for everything including my manager asking me to charge them for the days I was with them, need advice on if I can take legal action and how I can start.

Who is responsible for paying you - as you are going to need that umbrella or the agency to do the hard work.

My advice would be to find a local lawyer and kick off an employment tribunal with all 3 of the umbrella, the agency and Wipro as named parties.

[northernladuk]

Jesus wept. How are we supposed to understand anything from that. I had to read the first two paragraphs a few times to understand it then in the third you say

I also signed another contract and continuing with them now

So you are working with them again now? You want to sue the client that you are working for currently?

But trying to address to first issue. People who want to 'sue' another part usually don't understand how it all works and the cost so the quick answer is no. You can't take it legal and sue them because you haven't been through all the negotiation part first. So you are 15 days without pay from when you left. What is your payment schedule normally? Are you weekly or monthly payment cycles or what? 15 days late doesn't sound a lot. If you are on 30 days from timesheet then you've still another 15 days to wait.

Can you tell us EXACTLY what your payment schedule is and how many days after submission of timesheet you get paid? 15 days doesn't sound enough. All the rest of that sorry story doesn't matter. You put a timesheet in on X day and we want to know when you expect to get paid. That's the contract. Unfortunate you couldn't get the timesheet in earlier due to problems but it is what it is.

Ah you are through a brolly. Maybe ask them what the payment schedule is and they can include their delay as well. Might be a week after payment from client. But either way, check with your umbrella. They are your employer and should handle this for you.

TLDR; No you can't until you've got the facts of the case clear and know the payment terms and who is paying you.

[Lance]

If inside ir35 then it’s an employment issue. Go to citizens advice as they are really good. Or if you’re in a union they will help.

but you do need to know who the employer is. It might be Wipro, or it might be an umbrella.

the legal bit, if needed, will be an employment tribunal.

[hobnob]

Meanwhile mid-April suddenly got a call from my manager who told me that I am given a month's notice now
[..]
Emails are totally useless, they were not ready to let me go and I clearly emailed them that I do not wish to continue with them. I also signed another contract and continuing with them now.

Did they give you notice or did you give them notice? It's not entirely clear from what you wrote above.

So you are working with them again now? You want to sue the client that you are working for currently?

I think the OP means "I've got a new contract and I'm sticking with that, I don't want to go back to WiPro".

[northernladuk]

Remember, even inside he is not your manager. Only perms have managers. We have clients.

[ConsultingTechArchitect]

So you are working with them again now? You want to sue the client that you are working for currently?

<mod snip>I think... He/she has a new contract and is working on the new contract (referred to in the original post as 'them') now.