No payment until timesheets approved by client - IR35 ?

[panadol]

Why do idiots use the word sue??? How many business issues ever end in someoe sueing soemone else?

Do you really think you have started a contract in which you are unable to bill your agency? Some common sense has to be used.

I have been with this client for quite some time without any issue. However, in my contract extension two months ago, my work arrangement/rates changed, and to date, they haven't updated their timesheet system to allow me to enter in my time according to my contract arrangement.

All my invoices has been put aside as agency haven't got approved timesheet from client.

Hence wanting to explore whether I have a leg to stand on, if in the worse case scenario I need to go via the legal route (don't want to obviously).

[MyUserName]

I have been with this client for quite some time without any issue. However, in my contract extension two months ago, my work arrangement/rates changed, and to date, they haven't updated their timesheet system to allow me to enter in my time according to my contract arrangement.

All my invoices has been put aside as agency haven't got approved timesheet from client.

Hence wanting to explore whether I have a leg to stand on, if in the worse case scenario I need to go via the legal route (don't want to obviously).

You have let this go on for two months?!?!?!?!??!

[panadol]

You have let this go on for two months?!?!?!?!??!

Yeah, it's almost two months now. Hence wanting to know what can I possibly do given the contract terms.

It have been going around in circles. Bouncing between agency and client's HR.

Agency cannot pay me, as per contract, I need client timesheet approval.

Client's HR is rather slow in response, I suppose it is not hurting them.

Hence need to understand where I stand, and what pressure I could apply. Maybe a walk out??

[Safe Collections]

I have been with this client for quite some time without any issue. However, in my contract extension two months ago, my work arrangement/rates changed, and to date, they haven't updated their timesheet system to allow me to enter in my time according to my contract arrangement.

All my invoices has been put aside as agency haven't got approved timesheet from client.

Hence wanting to explore whether I have a leg to stand on, if in the worse case scenario I need to go via the legal route (don't want to obviously).

Did you opt out?

[MyUserName]

Why can't you write a timesheet in Word, have your client rep sign it and then send it to your agent with an invoice?

[panadol]

Did you opt out?

Yep. I have opt out.

[Safe Collections]

Yep. I have opt out.

Ah, had you not opted out the lack of timesheets would not have been an issue. As it is you could go with Myusernames suggestion and see if you can get an unofficial timesheet signed...

[panadol]

Ah, had you not opted out the lack of timesheets would not have been an issue. As it is you could go with Myusernames suggestion and see if you can get an unofficial timesheet signed...

So there is nothing I could do but to wait for the client's HR to get their system ready such that I could be paid sometime in the future?

[panadol]

Ah, had you not opted out the lack of timesheets would not have been an issue. As it is you could go with Myusernames suggestion and see if you can get an unofficial timesheet signed...

From what I've read here,
Conduct of employment regulations: a guide to opting in or out

"Although technically highly skilled contractors not controlled by their clients should not be covered by the regulations, most agencies still request that their contractors formally opt out."

(a bit side-tracked) I always formally opt-out, is that bad from payments perspective? Does it even matter considering the above point?

[Contreras]

From what I've read here,
Conduct of employment regulations: a guide to opting in or out

"Although technically highly skilled contractors not controlled by their clients should not be covered by the regulations, most agencies still request that their contractors formally opt out."

(a bit side-tracked) I always formally opt-out, is that bad from payments perspective? Does it even matter considering the above point?

panadol, try this - Opt-in, opt-out?Legal specialist Egos comments :: Contractor UK

If you are "not opted out" then the agency cannot use lack of a signed timesheet as excuse for non-payment.

It does not follow that that the agency may not find some other reason to withhold payment. Nor does it follow that even if you are "opted out" that the agency can, without just reason, withhold payment for services that you genuinely provided under contract.

Put another way, if you did the hours then there is a right to expect payment, whether "opted out" or "not opted out". Obviously though, a timesheet signed by the client would be strong evidence to support your cause!

I would follow MyUserName's suggestion - create your own timesheet - and get the client's signature on it without further delay.