Contracting Problem?

**The Lone Gunman** · 9 September 2005, 09:25

As ever, we are not legal types so any advice is worthless.

1. If you were opted in then the agents has to pay you.
2. Solicitors letter.
3. Small claims court (if under 5K)

**The Late, Great JC** · 9 September 2005, 09:25

Originally posted by nevelshute

I Work via an Agency, A, Who has a contract with a Sub Contractor, X, and is paid by Big Company Y.

I gave notice, which is in my contract with Agency A. But now as the work was not completed at Company Y, subcontractor X will not pay agency A and therefor I wont get paid...what do I have to do to recover the monies?

I have not broken my contract with Agency A and have no "penalties" claus in my contract, but I am not allowed on the site to complete my work as Subcontractor X is "upset" that I am leaving before the end of my contract in 3 months, so I am unable to complete my notice periord. Subcontractor X will now not pay lasts month hours. Any suggestions?

Nev

If you have signed timesheets from the client stating that they are happy with your performance for the hours/days you are claiming then you're sorted. Start threatening legal shenanagins, that'll make 'em pay up!

**threaded** · 9 September 2005, 09:27

You have a contract with the agency. Unless it is in the contract: why should the problems that the agency have getting paid by their client affect you?

**BlasterBates** · 9 September 2005, 12:05

If you are a contractor, this is definitely "grey". You see you can go through the standard reminder,sloicitor's letter etc. But they have a valid reason not to pay, because what you produced doesn't work etc etc. this means the normal "auto-bankruptcy" doesn't necessarily apply (depending on the judge).

Anyway worth a try..

But as a contractor you should always try and leave with everything sorted out, handover whatever. As a contractor you carry more liability than simply a normal employee. Of course if you are under IR35 you could try the "I'm simply an employee ruse" , which might work. As a Ltd hmm, migt need a legal process.

**nevelshute** · 9 September 2005, 12:27

Originally posted by BlasterBates

But as a contractor you should always try and leave with everything sorted out, handover whatever. As a contractor you carry more liability than simply a normal employee. Of course if you are under IR35 you could try the "I'm simply an employee ruse" , which might work. As a Ltd hmm, migt need a legal process.

Yes, but I was escourted off the site when I gave in my notice, which I was told was not allowed as there is no notice period between Agency A and subcontractor,X ...only me and Agency, A.

Is this like a car pile up...I sue the bolke who runs into my behind, he sues the bolke who hit his...ete?

Nev

**wendigo100** · 9 September 2005, 12:39

Originally posted by nevelshute

Yes, but I was escourted off the site when I gave in my notice

Escorted

In one of these?

**insight14** · 9 September 2005, 13:27

Originally posted by nevelshute

Yes, but I was escourted off the site when I gave in my notice, which I was told was not allowed as there is no notice period between Agency A and subcontractor,X ...only me and Agency, A.

Is this like a car pile up...I sue the bolke who runs into my behind, he sues the bolke who hit his...ete?

Nev

Yep, you will have to go after the agent. Whatever arrangement was made between the agent and the subcontractor is none of your concern.

Doesn't sound like you've handle your exit very well though, so you can expect some of the ill-will created to manifest itself as an uncooperative agent.

**thunderlizard** · 9 September 2005, 21:45

This is where I disagree:

"subcontractor X will not pay agency A and therefor I wont get paid"

Unless this is specified in your contract, whether agency A gets paid is not your problem. In fact agencies often use the "We pay you even if our client doesn't pay us" argument to justify their 15%. Get a solicitor to check it out.

Bon weekend

tl

Contracting Problem?