contractor 'pulled off site' due to admin failure

[doughboy]

Hi I wonder if any one has any thoughts. I have a contract in place with an agency, it appears that the agency and their client have had some administration issues. Having worked under this contract for 5 weeks [currently unpaid - with another 4 weeks to run] the agency has pulled me offsite with no notice as they appear not to have a correct contract/ work order in place with the client [NB contract states that i must give 1 month notice]

I am currently on the bench loosing money daily. To my mind I have been able and available to work and my contract is with the agency. Hence they should honour the contract even though there is a possibility that they may not be able to recoup this from their client. Im fairly sure that if i break contract there will be redress for me [this mean i can not work] - why is there non for them?

Any thoughts where i stand?

[stek]

Did you opt-in?

[DirtyDog]

Check the contract - there will be a clause which says that you get paid for the work that you do. You do no work, you get no pay. That's the nature of contracting.

[northernladuk]

They are honouring it. They are paying you for work done..... but you haven't done any so you don't get paid. You are still in contract though. HTH.

Technically you are not losing money, you are just not earning it.

You could do with being a bit clearer when trying to describe a complex situation though...

So you have been on client site and doing work for the client for 5 weeks? Have you invoiced the agency in this time? Have they refused to pay you yet? What are your payment terms? Did you get a signed timesheet? You should really get paid for this. The bench time you do not get paid for.

Notice period means squat. Forget that.

Give us more detail and start looking for a new gig......

[northernladuk]

Check the contract - there will be a clause which says that you get paid for the work that you do. You do no work, you get no pay. That's the nature of contracting.

I think it is a little more complicated than a straight clause saying that. Probably around having a signed timesheet plus the implied clause that you have a daily rate for a contract of work. From that you get the no work no pay.

[SueEllen]

Hi I wonder if any one has any thoughts. I have a contract in place with an agency, it appears that the agency and their client have had some administration issues. Having worked under this contract for 5 weeks [currently unpaid - with another 4 weeks to run] the agency has pulled me offsite with no notice as they appear not to have a correct contract/ work order in place with the client [NB contract states that i must give 1 month notice]

Those issues aren't linked.

If the client and agency don't have properly agreed upper contract then your contract - between the agency and yourself can be voided immediately.

Normally in contracts there are clauses stating when the agency can void the contract immediately.

I suggest you pull your contract out, actually read every single clause and check you understand the meaning of them.

In your case the best thing to do is:
1. Invoice the agency immediately for your 4 weeks, chase if they don't pay up and be prepared to take them to court. (Do not delay doing this.)
2. Search for another role immediately.

If you find another contract, start this new contract and the old client and old agency sort their issue out you can argue that due to their disorganisation they terminated the contract

[doughboy]

Thanks everyone for the feedback, wasn't sure id get any replies.
Ive been consulting with this client for 6 months already this relates to an extension. As has been pointed out the contract does state completed time sheets, which as we all know is a formality.

What i don't understand is how an agency can stop you working and generating an income at the drop of a hat- mid [supposed contract] Personally I think both sides should honour it..its not my fault i have not been allowed to work as i have been available and at their disposal.

As a side issue, i regularly work away from the client site and ive never been told not to work just not to go onsite- not to work was only ever implied [due to technically no contract being in place] . Pay for the period in question has been invoiced and now overdue- mainly because the end client can not enter me into their timesheet system as im technically not under contract...catch 22.

Ive ran my own businesses for 20 yrs and i'm not impressed.

[SueEllen]

Thanks everyone for the feedback, wasn't sure id get any replies.
Ive been consulting with this client for 6 months already this relates to an extension. As has been pointed out the contract does state completed time sheets, which as we all know is a formality.

You agreed to this - remember contracts are negotiable - and if you opted-out properly that's what you are likely stuck with.

What i don't understand is how an agency can stop you working and generating an income at the drop of a hat- mid [supposed contract] Personally I think both sides should honour it..its not my fault i have not been allowed to work as i have been available and at their disposal.

The agency don't have an agreement with the client therefore you can't work, and the client can't have you on-site or doing work for them off-site for them as you are provided by the agency. It's not actually hard to get your head around.

As a side issue, i regularly work away from the client site and ive never been told not to work just not to go onsite- not to work was only ever implied [due to technically no contract being in place] . Pay for the period in question has been invoiced and now overdue- mainly because the end client can not enter me into their timesheet system as im technically not under contract...catch 22.

It's up to you to chase remember your contract is with the agency not the client.

Check whether you have opted-out properly - the information is on this site and in the forums all you have to do is search for it.

Ive ran my own businesses for 20 yrs and i'm not impressed.

You may have ran your own business but when employment businesses are involved it's not as straight forward.

[Wanderer]

the contract does state completed time sheets, which as we all know is a formality.

So, did you sign the opt out they were so anxious for you to sign?

In any case, do what SueEllen says:

1. Invoice the agency immediately for your 4 weeks, chase if they don't pay up and be prepared to take them to court. (Do not delay doing this.)
2. Search for another role immediately.


If you invoice then then there is some chance you will get paid. If you don't invoice them then there is NO chance you will get paid.

What i don't understand is how an agency can stop you working and generating an income at the drop of a hat- mid [supposed contract] Personally I think both sides should honour it..its not my fault i have not been allowed to work as i have been available and at their disposal.

Lots of people here think the notice period means nothing because it's invalidated by some other clause in the (hypothetical) contract. If it's a month's money then I'd be inclined to bill for it and take it to court to see what the judge says. Who knows, the agency may even settle out of court and at least you will get something.

Good luck and let us know how it turns out...

[northernladuk]

What are the chances of them sorting this out? Admin failures tend to be a pain in the arse but rarely terminal. If work has been done that is valued to the client and someone has cocked up with the budget this is nearly always sorted from what I can see.

Where Wanderer may have a point about chasing notice periods not worked (I don't agree but could be worth a chase) but in this case there isn't even a contract or SoW in place with the client to pay the agent. It is highly likely the agent has pulled you because he isn't getting paid either. You would be pushed to prove loss if the agent never had the money either and the chain would have to go to the client. You will have a push an agent very hard to sue for money even he didn't get. I think this is slightly more complicated than a simple honour notice period payments.

Devil is in the details of what the admin failure is but if it is about client and agent arguing about payment trying to sue the agent for anything will surely fail.