agency haven't paid me due to problems with client

[strawberrysmoothie]

hi guys,

Just finished a contract about a week ago, I put in my time sheet on time and it was verified as correct by the client. The client is an extremely well-known blue-chip company.

I just checked my business account last Friday and found that I had not been paid by the agency. I was very confused by this, as the agency normally pay me on time. Upon further investigation with the payroll department I was promised that a chaps payment would be made into my business account by the end of the business day.

This was further verified, when I spoke to the agent later on that day – in fact he told me to expect a payment at the end of the day.

After checking my business account again, payment had not reached my account. As it was 5:45 PM on a Friday afternoon I called payroll yet again to find out what had happened and I was informed by someone payroll that they had received a call about 2 PM Friday afternoon stating that I should not be paid as the agencies client had not raised a PO number.

I told the lady at payroll that I have been informed that payment would reach my business account by Friday afternoon, she said she would confirm with the agent and called me back – she never did.mad

Now as far as I am aware, it states in my contract (if memory serves me well), that I would not be paid if the client has not signed my timesheets – in this instance this is not the case.

So my question is this, as this situation has only occurred last Friday, I'm extremely keen to not have a Long, drawing out protracted problems. I suspect, everything will be sorted out the money will be my account – however been a contractor for a long time you can't live on on hope alone!

what course of action should I take, if the worst comes to the worst?

Thanks

[v8gaz]

Usual question - opted in or opted out?

[strawberrysmoothie]

opted out.

[craig1]

Now as far as I am aware, it states in my contract (if memory serves me well), that I would not be paid if the client has not signed my timesheets – in this instance this is not the case.

Easiest step is to check your contract. If it says you get paid if the timesheets are correctly signed then point to that clause in your contract and point to your completed timesheets then tell them you expect a remittance note by the end of today.

I'm sure you'll think twice about opting out next time

[strawberrysmoothie]

Easiest step is to check your contract. If it says you get paid if the timesheets are correctly signed then point to that clause in your contract and point to your completed timesheets then tell them you expect a remittance note by the end of today.

I'm sure you'll think twice about opting out next time

damn right I will!

[The Agents View]

damn right I will!

Except for the fact that given that your timesheets are signed, Opt In, and Opt out is completely irrelevant

[Sockpuppet]

Except for the fact that given that your timesheets are signed, Opt In, and Opt out is completely irrelevant

Agreed. If the timesheets are signed its simple breach of contract is the payment is not made on time. Wait till the debt is overdue then follow advice at https://payontime.co.uk/

Either that or a solicitors letter will get them moving nicely.

[craig1]

Agreed. If the timesheets are signed its simple breach of contract is the payment is not made on time. Wait till the debt is overdue then follow advice at https://payontime.co.uk/

Either that or a solicitors letter will get them moving nicely.

Not necessarily. I've seen a good few contracts with a clause that says that if the end-client does not pay the agent then the agent can withhold future payments and even reclaim payments already made. Being opted-in makes contractual clauses like that irrelevant.

[Sockpuppet]

Not necessarily. I've seen a good few contracts with a clause that says that if the end-client does not pay the agent then the agent can withhold future payments and even reclaim payments already made. Being opted-in makes contractual clauses like that irrelevant.

Wow. Never seen one like that before (read never been stupid enough to sing on like that).

[craig1]

Wow. Never seen one like that before (read never been stupid enough to sing on like that).

Unfortunately, clauses like that are becoming more common. I hadn't seen one before about 2006/7 but they've crept into more that I've been given, my last two contracts have had that in them but I've returned the contracts with an annotation that the clause was unenforceable because I had not opted out. If you haven't seen one then you're lucky but it's likely that you'll see one at some point.