I need some advice please!! The agency doesn´t want to pay me!!

[BolshieBastard]

As mudskipper says, the opt out may not have been done in a valid way. I would proceed on the presumption that the clause in your contract saying you don't get paid if the agency don't get paid in unenforceable and they should be paying you regardless of if they get paid or not.

Also, were you pressured into opting out? If you were then this is also in your favour as the agency are acting illegally if they require that you opt out as a condition of providing work finding services.

You should also consider your opt out status carefully when it comes to the next contract....

Except if the next agency is rullion, manchester where he'll be wasting his time because they state they have no opted out contractors on the books and wont submit you to the client (because the client doesnt want an 'employee' and their contracts 'protect you' anyway) if you insist on being opted in.

[Karla]

What does your contract say though? Does it say you will be paid on receipt of a signed timesheet? Or does it say you will only be paid when the agency receives payment from the client?

The opt out question is important - if you are not opted out, the agency are obliged to pay you regardless of whether they themselves get paid. If you did not opt out before being introduced to the client, the opt out may be invalid - read the opt out sticky for more info.

Check out The Late Payment of Commercial debts (Interest) Act - Pay on Time for lots of useful info and letter templates.

Hi, it only says "...the Employment Business will pay the Consultancy the Consultancy Fees within 14 days of receipt, otherwise the Consultancy fees will be paid on the fifth working day of the following month."

It doesn't say anything like they won't pay my business in case they don's get paid. I'll check that link.

Thanks a lot guys

[Karla]

As mudskipper says, the opt out may not have been done in a valid way. I would proceed on the presumption that the clause in your contract saying you don't get paid if the agency don't get paid in unenforceable and they should be paying you regardless of if they get paid or not.

Also, were you pressured into opting out? If you were then this is also in your favour as the agency are acting illegally if they require that you opt out as a condition of providing work finding services.

You should also consider your opt out status carefully when it comes to the next contract....

No they didn't force me it was just one page (pretty confusing btw) and I signed it

[Wanderer]

Hi, it only says "...the Employment Business will pay the Consultancy the Consultancy Fees within 14 days of receipt, otherwise the Consultancy fees will be paid on the fifth working day of the following month."

It doesn't say anything like they won't pay my business in case they don's get paid. I'll check that link.

In that case, the fees were due on the 5th day of the following working month. Follow my advice here and start the dunning process.