End Client not signing time sheets-options

[SueEllen]

Does any use Ipse?

any feedback

They get give you a legal opinion on that piece of legislation through their legal helpline, but to be honest last time I got a legal opinion through them for something on it it was what I thought already.

Basically it's as Faqqer says - that law is ambiguous, so anything involving that law is open to interpretation until a judge rules on your particular case.

[TheFaQQer]

thanks for the replies- how strong is the last comment. I`ve read that the opt out must be in place before any introduction - is this correct? If so every "opt out" request is not valid since most agencies state it after an interview, contract etc

The wording of the legislation is ambiguous:

provided that such notice is given before the introduction or supply of the work-seeker

Agents read "introduction" as "introduction into the workplace" rather than "we have introduced you to the contractor, and now you can reasonably identify them".

Without a legal precedent, we don't have that clarity. Also, if you look at BIS vs CNL, part of that case hinged on the agency saying "ah, we aren't an employment business (even though the contract says we are an employment business!), and therefore we aren't bound by the regulations so there is nothing to opt out of".

I'd get the invoice in. I'd get the facts together so that you can argue it. And then if you still don't get paid then either file a small claims court case against the agency or speak to a professional about it.

[iptuser]

Ok, are you an Ipse member

https://www.ipse.co.uk/member-benefits

Does any use Ipse?

any feedback

[psychocandy]

What everyone else said. Invoice normally follow the process and dont get into an argument. PRocess through claims if needs be.

[tarbera]

I meant timesheets

regards

wayne

Ok, are you an Ipse member

https://www.ipse.co.uk/member-benefits

[SueEllen]

thanks for the replies- how strong is the last comment. I`ve read that the opt out must be in place before any introduction - is this correct? If so every "opt out" request is not valid since most agencies state it after an interview, contract etc

It's never been tested in higher court to set a legal precedent.

Personally you have proof you did the work so invoice the agency and if they don't pay up follow Dunning. (Google it if you don't know what it means.)

If the agency give excuses unless the excuse is a concrete date of payment ignore them, record the excuse and proceed with your actions to recover your loss.

[iptuser]

I meant timesheets

regards

wayne

[tarbera]

You sent invoices to company X

Why ?

[iptuser]

The last point implies that the Opt Out is not enforceable and the Conduct Regs apply. You might want to try that tack and see where it gets you first. As always, keep all emails and a record of all conversations with the agent and client.

thanks for the replies- how strong is the last comment. I`ve read that the opt out must be in place before any introduction - is this correct? If so every "opt out" request is not valid since most agencies state it after an interview, contract etc

[tractor]

...

I have a situation where my end client is not signing my time sheets

I was employed at Company X by Agency Y however 3 weeks within the contract, Company X is having seconds thoughts on contractors on particular programmes. I and others had to leave site immediately-different agencies. I subsequently sent my time sheets and my own invoice to company X and to the Agency however since Company X is not signing them off , my agency is refusing to pay.- Where do I stand ?

• I had to sign in every day to Company X and be escorted
• I had to use my own laptop and so have emails as part of my work confirming I was on site as well as creating and sending various documents all from my email account
• My contract is for a year
• No notice period for the first month, there after 1x week either side

• My contract unfortunately states timesheets must be signed, authorised
• The contract also states that the contractor will be paid retrospective if agency is not paid by company X
• My contract has not been officially terminated todate
• I opt’ed out but only after they official informed me I landed the contract and at the time they sent me the contract


I`m in contact with CAB to see where I can go but would appreciate other civil opinions

thanks

The last point implies that the Opt Out is not enforceable and the Conduct Regs apply. You might want to try that tack and see where it gets you first. As always, keep all emails and a record of all conversations with the agent and client.

[SueEllen]

As Batcher said.

No need for CAB.

Alternatively have a word with the collections agency that posts here.

[Batcher]

As you have opted out:

Opt-in, opt-out?Legal specialist Egos comments :: Contractor UK

No signed timesheet: Regulation 12 imposes a restriction, the effect of which is to prevent an agency being able to use as an excuse for non-payment the fact that the client has not signed a time sheet. A contractor will still have to prove (by some means or other) that he has done the work before he is entitled to payment, but an agency can no longer use the fact that the contractor does not have (for whatever reason) a timesheet signed by the client as an excuse for non-payment. Contractual terms which conflict with this principle will no longer be valid.

So send an invoice to the agency with 30 day terms. Add late payment fee and interest if still not paid then take them to small claims court.

[BlasterBates]

This is a difficult one because the contract states the timesheets should be authorised. On the other hand it's questionable whether that is acceptable given the fact that the client had you on site.

Even though timesheets haven't been authorised you should still bill. This is clearly not your fault, and they consumed your service.

A trip to the soliciter may be in order to quote the relevant legal paragraphs, I don't think it's enough to withhold payment.

[iptuser]

I have a situation where my end client is not signing my time sheets

I was employed at Company X by Agency Y however 3 weeks within the contract, Company X is having seconds thoughts on contractors on particular programmes. I and others had to leave site immediately-different agencies. I subsequently sent my time sheets and my own invoice to company X and to the Agency however since Company X is not signing them off , my agency is refusing to pay.- Where do I stand ?

• I had to sign in every day to Company X and be escorted
• I had to use my own laptop and so have emails as part of my work confirming I was on site as well as creating and sending various documents all from my email account
• My contract is for a year
• No notice period for the first month, there after 1x week either side

• My contract unfortunately states timesheets must be signed, authorised
• The contract also states that the contractor will be paid retrospective if agency is not paid by company X
• My contract has not been officially terminated todate
• I opt’ed out but only after they official informed me I landed the contract and at the time they sent me the contract


I`m in contact with CAB to see where I can go but would appreciate other civil opinions

thanks