• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

ELAN Changing Contracts...this Legal ?

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    ELAN Changing Contracts...this Legal ?

    A number of ELAN Contractors received this email this morning.
    Can they do this to weekly paid contractors ?
    I and a number of other contractors will have screwed up cash flow and serious financial issues (VAT Corp Tax etc) because of these changes.

    Given that the weekly pay schedule has been running for 5 months is it not assumed to be "normal practice" in the eyes of the law, that weekly practice continues until a contract renewal?

    Comments please guys...


    Farmer J!

    Here's the email:

    Dear Contractor



    Please find below an explanation of important changes to the way in which you are paid.



    As you are aware, you are currently paid through the Skillstream payroll system on de facto 2 day payment terms (timesheets authorised and processed on a Monday and paid on a Wednesday (clearing in your account on the Friday). However, as you are also aware, your correct contractual payment terms should actually be 21 days (Clause 3.2 of Standard Elan contract).



    This anomaly has arisen due to Elan running a number of payment systems at the time that Skillstream was implemented. The systems have now been rationalized and as a result we will be ensuring that all weekly paid contractors now comply with standard payment terms detailed in their contracts.



    Please note the following key points and refer to the FAQ link below, or your contractor care representative, if you have any further questions:



    Effective 10 Nov 08, payment will be released on a weekly basis 21 days after the timesheet is processed.


    From 10 Nov 08 the payment schedule will be:


    Submit Time by 12pm on
    Pay Date

    10/11/08
    05/12/08

    17/11/08
    12/12/08

    24/11/08
    19/12/08




    In essence this means that the payment for week ending Sun 09 Nov 08 will now reach your account on Fri 05 Dec 08. You will therefore receive no payments on Fridays 14, 21, 28 Nov 08. However, after the 05 Dec 08 you will receive weekly payments on the Fridays as normal.


    In addition you will also now receive weekly payments for three extra weeks after the end of your assignment.


    You should continue to enter your time as normal on the Skillstream system by 12pm Monday to ensure we process it that week and pay you 21 days later.


    Please submit any outstanding timesheets and ensure they are authorised by 12pm on Monday 3rd November to ensure payment that week (timesheets received after this will be paid to 21 day terms).






    Yours sincerely





    Simon Pettit

    UK Service Delivery Director

    #2
    If your contract does have the sectoin 3.2 about 21 day payment terms then I think they're within their rights to pay you in this way.

    The fact that they've been paying your earlier than this won't have affected the contract.

    Comment


      #3
      It's still better than my payment terms..

      3 weeks with no pay shouldn't be too hard to bear.
      B00med!

      Comment


        #4
        In answer to your question, as Hex indicated above, so long as the original contract does stipulate 21 day terms they're well within their rights to enforce this. They're also continuing the frequency with which your account is credited (i.e weekly) so you've not really got much to challenge.

        As an aside though, if a gap of 3 weeks in payment results in "screwed up cash flow and serious financial issues (VAT Corp Tax etc)", I'd suggest that you desperately need to sort out your co's finances.
        Proud owner of +5 Xeno Geek Points

        Comment


          #5
          Originally posted by Ravello View Post
          In answer to your question, as Hex indicated above, so long as the original contract does stipulate 21 day terms they're well within their rights to enforce this. They're also continuing the frequency with which your account is credited (i.e weekly) so you've not really got much to challenge.

          As an aside though, if a gap of 3 weeks in payment results in "screwed up cash flow and serious financial issues (VAT Corp Tax etc)", I'd suggest that you desperately need to sort out your co's finances.
          Or ask / beg for an advance as a one off to cover the corp / vat payments.
          If your company is the best place to work in, for a mere £500 p/d, you can advertise here.

          Comment


            #6
            Originally posted by Farmer jones View Post
            A number of ELAN Contractors received this email this morning.
            Can they do this to weekly paid contractors ?
            I and a number of other contractors will have screwed up cash flow and serious financial issues
            If a three week lag gives you serious financial issues what is not having a job going to do?

            Give us a break, no-one on a contractor's income is seriously inconvenienced by having to wait three weeks to be paid.

            tim

            Comment


              #7
              Originally posted by pmeswani View Post
              Or ask / beg for an advance as a one off to cover the corp / vat payments.
              The agency I was working through half a dozen years ago did similar. Cash flow wasn't a problem, but I asked for an advance (deductible over the next 2 months if I remember correctly) as a matter of principle, and got it.
              Behold the warranty -- the bold print giveth and the fine print taketh away.

              Comment


                #8
                All the contractors at clientco hate Elan - some have managed to move agencies - most went to the one I use (Modis) who are great.

                Comment


                  #9
                  Originally posted by BrilloPad View Post
                  All the contractors at clientco hate Elan - some have managed to move agencies - most went to the one I use (Modis) who are great.
                  I put Elan on my personal blacklist several years ago.
                  Behold the warranty -- the bold print giveth and the fine print taketh away.

                  Comment


                    #10
                    Originally posted by tim123 View Post
                    If a three week lag gives you serious financial issues what is not having a job going to do?

                    Give us a break, no-one on a contractor's income is seriously inconvenienced by having to wait three weeks to be paid.

                    tim
                    WHS - try and keep at least 3 months contingency in the bank.
                    "Never argue with stupid people, they will drag you down to their level and beat you with experience". Mark Twain

                    Comment

                    Working...
                    X