WWYD?

[vetran]

They haven't got any money.

HTH BISDI

winding up order, then tell the agency to release the client so you can go direct as a condition not to wind up.

worst case they say no, they are wound up and you can maybe buy the contract from the receivers.

middling case you get paid,

best case they don't pay / or pay but you can go direct with client while they continue to rip their other contractors off. If they are doing a bonfire & Phoenix they might agree to this.

May be a good time to go on holiday for a week or two to avoid the client paying the scumbags any more money you won't see ( the receivers will get the lot). Unless you are an actual agency employee you are below the Receivers, HMRC & Banks in the creditors list.

[Amiga500]

Claiming compensation under late payment legislation costs the time taken to send the letter. Small claims court costs about £80 which gets added to their bill. If they haven't paid at that point debt collectors will collect it for you, costs about 10%, I believe you can recover that cost as well.

Employment statutes don't apply AFAIK, agency worker regulations might, but if they aren't paying the chances are they don't give a tulip.

Obviously everything depends on the specifics of your case, which we don't know largely.

Employment statutes are useful if you don't have a written contract particularly but certainly can and do apply (that was the advice an employment law solicitor gave me). Further they would have to 'give a tulip', statutes are the law they can't just violate them, a Judge would certainly frown on this.

In reference to 'small claims court' (I assume you mean a small claims case at County Court, to be a pedant), you are obviously assuming that the person you are claiming against will just roll over, there is the possibility that they will hire a very good barrister and make various allegations against your company (you), you might consider what you will do in that scenario.

I assume you have public liability and indemnity cover for legal costs?

[doodab]

Obviously everything depends on the specifics of your case, which we don't know largely.

Employment statutes are useful if you don't have a written contract particularly but certainly can and do apply (that was the advice an employment law solicitor gave me). Further they would have to 'give a tulip', statutes are the law they can't just violate them, a Judge would certainly frown on this.

In reference to 'small claims court' (I assume you mean a small claims case at County Court, to be a pedant), you are obviously assuming that the person you are claiming against will just roll over, there is the possibility that they will hire a very good barrister and make various allegations against your company (you), you might consider what you will do in that scenario.

I assume you have public liability and indemnity cover for legal costs?

I think you're now being contrary for the sake of it. Small claims court is the standard means of recovering debts such as these and rarely makes an order as to costs, so it doesn't matter how expensive their lawyer is as you don't have to pay for them. Judges also frown on people who don't pay their bills...

Do you really think, if they had a case to make, they wouldn't bother simply because you took them to court on a different basis? Not to mention that if you did, then unlike a small claim, you probably can end up liable for costs.

[TheFaQQer]

Employment statutes are useful if you don't have a written contract particularly but certainly can and do apply (that was the advice an employment law solicitor gave me).

I'd be interested to know how employment law applies to someone who isn't an employee of the agency or the client.

This is the same argument that Podgy / Tiddles / KittyCat was making and the agency rolled over at the last minute rather than going to court (apparently paying out tens of thousands in compensation).

I'd be wary of relying on employment law, while at the same time arguing that I was outside IR35.

[Amiga500]

so it doesn't matter how expensive their lawyer is as you don't have to pay for them. Judges also frown on people who don't pay their bills...

It matters in the sense that the most expensive barrister (a QC) will hold weight with a judge (and often actually run the show) and strive to make you look like a beligerent fool in Court if you are representing yourself.

Let us know how it all turns out anyway.

[shaunbhoy]

Just sent the agency the "7 days to pay" letter. They have already had an extra week. Notice on the contract is seven days.

Assuming they don't pay by the deadline, shall I give notice? Or should I give it now so that I can walk if they don't pay?

Are you sure you are cut out for contracting?

[doodab]

It matters in the sense that the most expensive barrister (a QC) will hold weight with a judge (and often actually run the show) and strive to make you look like a beligerent fool in Court if you are representing yourself.

They can make me look like coco the ******* clown, they aren't going to change the fact that the money was due on a particular date and it hasn't turned up.

These guys are dickheads but they are money grubbing dickheads, they aren't going to throw money away. They aren't going to spend thousands of pounds on a top notch lawyer to represent them in a case they are certain to lose because they don't have a leg to stand on without first taking legal advice, at which point they would be told they didn't have a leg to stand on. They certainly aren't going to do that when it's also going to cost them the £6-12k that my contract extension will bring in.

[doodab]

Are you sure you are cut out for contracting?

Well I've managed to contract in 4 different countries without losing my passport.

[Amiga500]

Doesn't sound like you need our advice, do let us know when you get your monies.

[shaunbhoy]

Well I've managed to contract in 4 different countries without losing my passport.

Good for you. I've managed the same in a great many more than that.
But have you taken your wife with you?