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

[Karla]

Hi
Basically, I was employed as a Limited Company and I had a contract initially for 4 months with the agency, which was renewed later for another 4 weeks in December. The Company I was working for went into administration this year. I sent the timesheet which was for the days I worked in December, but the agency doesn't want to pay me those days as the other Company didn't pay them. Could someone please give me some advice of what should I do to get my money back? I am not sure what is exactly the process.

Thanks!!

[mudskipper]

Hi
Basically, I was employed as a Limited Company and I had a contract initially for 4 months with the agency, which was renewed later for another 4 weeks in December. The Company I was working for went into administration this year. I sent the timesheet which was for the days I worked in December, but the agency doesn't want to pay me those days as the other Company didn't pay them. Could someone please give me some advice of what should I do to get my money back? I am not sure what is exactly the process.

Thanks!!

What does your contract say regarding payment? Did you opt out?

[stek]

WMSS

But anyway if the agency is going down the pan you are unlikely to get anything, it's all being spent on the directors new agency start up...

[northernladuk]

This isn't E2E again is it?

There are some odd comments in there about employed and working for and getting money back... back?? ... but pointing all that out won't help the situation.

[mudskipper]

WMSS

But anyway if the agency is going down the pan you are unlikely to get anything, it's all being spent on the directors new agency start up...

I read it as the client had gone bust, the agency wouldn't pay OP as client hadn't paid them.

OP's contract is with the agency, not the client, so the payment terms, and whether (s)he's opted out are key.

[Wanderer]

What does your contract say regarding payment? Did you opt out?

That's an important point. Karla if you didn't properly opt out before you were introduced to the client then you are in a stronger position. I would tend not to get bogged down in an argument with the agency, just follow the standard dunning procedure and tell them they can argue it out in court.

If you have already been in discussion with the agency and feel that it's at a deadlock then I'd be inclined to send them a Final Demand immediately and then start legal action to recover the amount owed plus interest and penalties.


You could also engage a collections agency if you don't want to do it yourself. From reading those links then you can probably figure out the name of one who has been helpful to people in this forum.

Good luck

[Karla]

What does your contract say regarding payment? Did you opt out?

They usually paid me weekly and Yes I did opt out

[Karla]

That's an important point. Karla if you didn't properly opt out before you were introduced to the client then you are in a stronger position. I would tend not to get bogged down in an argument with the agency, just follow the standard dunning procedure and tell them they can argue it out in court.

If you have already been in discussion with the agency and feel that it's at a deadlock then I'd be inclined to send them a Final Demand immediately and then start legal action to recover the amount owed plus interest and penalties.


You could also engage a collections agency if you don't want to do it yourself. From reading those links then you can probably figure out the name of one who has been helpful to people in this forum.

Good luck

Thanks for the links. I'll have a look and check for more help because as you said I don't want to argue with the agency. It's better to read and be informed before taking any legal actions

[mudskipper]

They usually paid me weekly and Yes I did opt out

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.

[Wanderer]

Yes I did opt out

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....