Agency payments, or not...

[bobsp]

Hi,

Well there was me saying how much better the agency I now use is, well they have not paid me….

I called them to ask why and they told me they do not have a signed timesheet..

I am on a daily rate, and the hours are done online, once I submit them an email is generated and the project manager (mine is in the US) authorises it and it then goes to the agent. This was done last week.

I have checked and it has been authorised, however the agent is saying they don’t have the confirmation, therefore can not pay me. They have told me I need to speak to the project manager ibn the US, when they are in this afternoon, and chase it up.

I explained that I did not opt out, which they agree to, but said until they receive confirmation they have no idea if I have worked and can not pay me. They said they adhere to the 2003 act by paying me before they have been paid, but wont until they have received a signed timesheet. As a result they can not pay me until next weeks payroll now.

Can they do this?

[The Agents View]

Hi,

Well there was me saying how much better the agency I now use is, well they have not paid me….

I called them to ask why and they told me they do not have a signed timesheet..

I am on a daily rate, and the hours are done online, once I submit them an email is generated and the project manager (mine is in the US) authorises it and it then goes to the agent. This was done last week.

I have checked and it has been authorised, however the agent is saying they don’t have the confirmation, therefore can not pay me. They have told me I need to speak to the project manager ibn the US, when they are in this afternoon, and chase it up.

I explained that I did not opt out, which they agree to, but said until they receive confirmation they have no idea if I have worked and can not pay me. They said they adhere to the 2003 act by paying me before they have been paid, but wont until they have received a signed timesheet. As a result they can not pay me until next weeks payroll now.

Can they do this?

If you are Opted IN, the LEGISLATION says you should be paid. End of. Threaten legal on them if they don't make a hasty payment.

If you have not indicated whether you opt in or out, then that's your own fault - if you're wooly with them, then expect them to be wooly with you.

[bobsp]

Hi,

You are opted in by default, I did not sign the opt out papers therefore an in.

They are still (just got off the phone) saying until they receive a timesheet, they WILL NOT pay me, and it is up to me to ensure theu get it, not them. They claim the legislation states that they have to pay me even if they have not been paid, which they do with everyone. But then say that if they have no signed timesheet, they don’t know if it is correct, did I work 2 days 4 days 5 days etc. Until they get this they don’t even know what to pay me…

I will have to chase this up myself.

Thanks

Bob

[Svalbaard]

Opted in or opted out I can't imagine any agency paying you without formal proof that you have done the work you are expecting to be paid for.

Hope you get it sorted.

[bobsp]

That’s what they are saying, the problem here is I have to submit the hours (well days as I am on a daily rate) online, once I have submitted them I can no longer see them, they goto a project manager for approval, he tells me this is done, so have no idea if the agency have got them, short of calling them every week. They say if they don’t get the notification they simply don’t pay. So this opt in out seems to be a load of sh**. Meaningless.

I have to wait until next Friday now as they only run a payroll once a week…..

Bob

[malvolio]

Just to be clear the Opt In means the agency cannot refuse to pay you if they haven't been paid themselves, they are perfectly correct not to pay for work they don't know has been done. So I appreciate the OP has a bit of a problem but the regs are not relevant to it.

[Wanderer]

Just to be clear the Opt In means the agency cannot refuse to pay you if they haven't been paid themselves, they are perfectly correct not to pay for work they don't know has been done. So I appreciate the OP has a bit of a problem but the regs are not relevant to it.

Oh yes they are! And let's not muddy the waters talking about the agency being paid or not because that is irrelevant (and indeed, not in dispute). The problem is as follows:

I called them to ask why and they told me they do not have a signed timesheet..

The regulations clearly state:

12. An employment business shall not, in respect of a work-seeker whom it supplies to a hirer, withhold or threaten to withhold from the work-seeker (whether by means of the inclusion of a term in a contract with the work-seeker or otherwise) the whole or any part of any payment in respect of any work done by the work-seeker on any of the following grounds—

(b)the work-seeker’s failure to produce documentary evidence authenticated by the hirer of the fact that the work-seeker has worked during a particular period of time

There is nothing to stop the agency from contacting the client to verify the days worked. I can't see that they have a leg to stand on. I'd be sending them a bill for interest, plus a penalty for late payment and tell them to sort their procedures out and not to try that stunt again.

[Zippy]

That’s what they are saying, the problem here is I have to submit the hours (well days as I am on a daily rate) online, once I have submitted them I can no longer see them, they goto a project manager for approval, he tells me this is done, so have no idea if the agency have got them, short of calling them every week. They say if they don’t get the notification they simply don’t pay. So this opt in out seems to be a load of sh**. Meaningless.

I have to wait until next Friday now as they only run a payroll once a week…..

Bob

If you have an email from the project manager to the effect that he has authorised your hours, then you could supply it to the agency to shorten the process?

[VectraMan]

There is nothing to stop the agency from contacting the client to verify the days worked. I can't see that they have a leg to stand on. I'd be sending them a bill for interest, plus a penalty for late payment and tell them to sort their procedures out and not to try that stunt again.

Presumably the debt is currently 0-days overdue (i.e. it was meant to be today?). Aren't you (and the OP) getting a little bit carried away with threats for what is most likely a minor admin foul up rather than a grand conspiracy to defraud you of money?

[Wanderer]

Presumably the debt is currently 0-days overdue (i.e. it was meant to be today?). Aren't you (and the OP) getting a little bit carried away with threats for what is most likely a minor admin foul up rather than a grand conspiracy to defraud you of money?

Oh yes, I'm sure it's just an admin cock up but there is nothing wrong with making your terms of business crystal clear to the agent and make sure they understand that you know your rights and will not be dicked around.