Agency not paying final invoice

[NotAllThere]

I just found this in the contract too:



This doesn't bode well... but we managed to work together for 2 months without a single signed timesheet? Does this nullify the contract?

That's be up to a judge to decide. In you shoes, if I had time, I'd go down small claims court route.

I'm unclear on one point though - why is the client not signing the timesheets?

You should also know that technically, if you met the client before you "opted out", you are nevertheless, opted in, and as such don't require signed timesheets.

[Spikeh]

Well, I've opted out before, but in this instance yes, I met the client before I signed the opt-out... for an interview. In fact, I didn't sign the contract till a few days after I started work. Don't shout at me

In reference to timesheets, this was how I'm working:

My Company -> Agency -> Consultancy -> Client

I was working for the client, being paid by the Agency, who were commissioned by the Consultancy. The Consultancy were responsible for signing timesheets but when I tried to get it signed, they said I should just email them through to the Agency and they would authorise it via email.

The issue here is that the work was additional days after the premature cancellation of my contract, authorised by the client via email / over the phone. I spoke to the Agency and the Consultancy, who both told me to keep a log of the days I did... both the Agency and the Consultancy have said that I'm entitled to the payment, but the Client is dilly-dallying about signing off the work order for those additional days.

I sent an invoice with interest on it last night, with a lengthy email explaining my predicament and that I would be seeking further legal advice if it isn't paid in 7 days, so I'm knee deep in it regardless. I'm also going to send the invocie by post, just to be safe.

[Hex]

It sounds like you're doing the right things. It also looks to me like you are opted-in if you didn't sign the opt out until you had already been working. So you don't actually need signed timesheets.

Wait to see if your invoice to them with interest does anything. If not, then issue final reminder and then start small claims court proceedings. They'll probably settle with you before it gets anywhere near court.

If they don't pay now then I think it would be worth pointing out to them that you are opted in on your final reminder as well as telling them when you will start small claims court proceedings. If they realise you are opted in then it may just spur them on to pay.

[NotAllThere]

Well, I've opted out before, but in this instance yes, I met the client before I signed the opt-out... for an interview. In fact, I didn't sign the contract till a few days after I started work. Don't shout at me
...

That's good news then, I think, You're opted in regardless. That gives you a little more leverage with the agency.

[Spikeh]

Just checked over some minor points - I had MET the client for an interview before I signed the opt in, but I signed it before I actually started work for them...

I was in the office for a full day the week prior to starting work. Does this constitute an opt-in? Just been reading up on the regulations, it seems that there's absolutely no point in opting out at all?

[Beefy198]

it seems that there's absolutely no point in opting out at all?

Pretty much.

And in reference to your earlier point, if you were introduced the client - and this includes an interview - you cannot technically opt out.

If you have an e-mail with details of your interview date which clearly states a date earlier than your signed opt out then you're not opted out, simple as.... no matter how the agency try to spin it.

[Spikeh]

Pretty much.

And in reference to your earlier point, if you were introduced the client - and this includes an interview - you cannot technically opt out.

If you have an e-mail with details of your interview date which clearly states a date earlier than your signed opt out then you're not opted out, simple as.... no matter how the agency try to spin it.

Yep, I have this. I'm one of those anal buggers who keeps every piece of paper and every email I've ever been sent ;P

[Beefy198]

Bonus!

Got get 'em!

[Spikeh]

Latest update - I've issued the invoice to the agent, gave them seven days (which is over tomorrow), and even offered to waiver the interest if he paid in that time.

He's come back with a basic - "We're doing all we can, but legally you're opted-out, so we have you by the balls" response.

Just to clarify - I have an email from him confirming the interview a day before I met the client, then another email with the opt-out that I signed a day after. I started work properly the following Monday. Am I definitely opted-in? Can you not opt out whenever you want?

I will be filing a claim online this weekend if I do not receive payment by tomorrow. I just need to be sure I have a case...

Oh... I've also found out since that some other contractors have had payments witheld (some for quite a considerable amount) by the end client in the past - and I'm also aware that they're currently undergoing personnel changes and redundancies... this shouldn't affect me though, as I'm going through an agency...

[Earlyflash1]

My understanding is that once you are 'introduced' to a client, you cannot from that point onwards opt-out.

So, if you have physically met the client, and then opted-out afterwards. Tough to them.

However, IANAL and IANAA, etc...