What to do when non-payment from end client during last week of working...

[niceseb]

I was working for a short five weeks contract doing IT software development. End-client decided that work was not near project completion so terminated contract four days before deadline is due. They refused to pay for last six days worked. Agency of course said that since end-client did not sign the timesheets, therefore they cannot pay into my umbrella company. What should I do? Make small claims? But don't agency have all the protection they need so contractors cannot take them to small claims court? Or am I wasting my time and should simply let it go? I feel very upset. What is the likliehood of success in claiming back hours worked? If I make small claims then I take both the agency and the end-client to court too, as usually the contract is written to be between myself and the agency, but I also see end-client name written too. So at the moment making a lost since bed and breakfast, travel costs etc all out of my own pocket. Does signing the Opt Out form waives my legal rights to sue them? But I do recall signing the Opt Out form AFTER I started work with them, a week into work as a matter of fact..But I cannot find where it stipulates signing the Opt out form nullify it?

[northernladuk]

Did you Opt out when you started the contract?

Have a look at the sticky about Opting out at the top of this forum. It will explain the differences and how relevant it is to you.

Agent should be on your side as it is his commission that has evaporated for those days as well. What exactly did they say? I can't believe for one minute they just shrugged their shoulders and said oh well....

Person with the biggest balls is going to win this one. Look at Payontime.co.uk and follow their advice and then start dunning the agent and the client.

Oh, and forget the 4 days you didn't work. You didn't work, you don't get paid. Don't bring that one up or they will just see you are not serious and are moaning.

[niceseb]

You are going off tangent...

[niceseb]

Did you Opt out when you started the contract?

Have a look at the sticky about Opting out at the top of this forum. It will explain the differences and how relevant it is to you.

You are going off tangent. I asked for non-payment for hours worked not expecting to get paid for doing nothing, which is your reply.

[niceseb]

So even if I signed Opt Out? Does it mean I have waived my rights?

[VectraMan]

NL UK has changed his answer 5 times. The first one wasn't helpful at all.

The agent probably doesn't want to upset the client, and will be hoping you roll over. Don't. You should be paid for the work you did, and possibly the rest too if your contract specified a notice period that they didn't stick to.

[niceseb]

Did you Opt out when you started the contract?

Have a look at the sticky about Opting out at the top of this forum. It will explain the differences and how relevant it is to you.

Agent should be on your side as it is his commission that has evaporated for those days as well. What exactly did they say? I can't believe for one minute they just shrugged their shoulders and said oh well....

Person with the biggest balls is going to win this one. Look at Payontime.co.uk and follow their advice and then start dunning the agent and the client.

Oh, and forget the 4 days you didn't work. You didn't work, you don't get paid. Don't bring that one up or they will just see you are not serious and are moaning.

Not talking about the days not worked. Just the 6 days worked. Can't find the Opt Out link? Payontime.co.uk is a paid site? How can they help? Or they are better and more efficient than Citizen Advice Bureau?

[northernladuk]

NL UK has changed his answer 5 times. The first one wasn't helpful at all.

The agent probably doesn't want to upset the client, and will be hoping you roll over. Don't. You should be paid for the work you did, and possibly the rest too if your contract specified a notice period that they didn't stick to.

Yeah, didn't read it properly at first. Smelt blood and went for the kill, nearly shooting myself in the foot in the process

[northernladuk]

Not talking about the days not worked. Just the 6 days worked. Can't find the Opt Out link? Payontime.co.uk is a paid site? How can they help? Or they are better and more efficient than Citizen Advice Bureau?

It's a sticky at the top of this very part of the forum..

http://forums.contractoruk.com/busin...-2003-act.html

No pay on time will advise how to add interest and stuff and is about commercial debts. Can't see how CAB will help. Just keep pestering them first to show you aint going to go away and then re-evaluate at that point how long you are willing to thrash it for.

[mudskipper]

Not talking about the days not worked. Just the 6 days worked. Can't find the Opt Out link? Payontime.co.uk is a paid site? How can they help? Or they are better and more efficient than Citizen Advice Bureau?

Opt out sticky - http://forums.contractoruk.com/busin...-2003-act.html

18 pages - the gist is that if you didn't sign the opt out before meeting the client, you're not opted out. Not sure that anyone's tested this in anger.

The Late Payment of Commercial debts (Interest) Act - Pay on Time - Pay on time - lots of useful info (free).