Reply to: Company Refusing to Sign Off Timesheet!

[northernladuk]

Welcome to contracting. If you don't work it, you don't get paid for it.

[jmo21]

I give my notice to terminate the contract which is 7 days . Next day morning I was told to leave and give back all the equipment. I sign the papers and left. I contacted HR and ask then what happening to my notice period payment as I was not allowed to work my notice period. They advice me to fill my timesheet as normal which I did. Now the manager refuses to sign it and the agency cannot pay me. Iwork via agent and my own Limited company.
What can I do to get paid?

You are not a sportsman. You do not have a guaranteed contract.

99.9% of our contracts are no work, no pay. In your case, the company has decided they do not need you to work the notice, and that is the end of it.

If you are a new contractor, don't worry, you are the not first new contractor who has been surprised by this (hint: it'll be in your contract)

If you have been contracting for years, you really should have known this already (hint: it'll be in your contract)

[Scruff]

What does your contract say? It is usual that unless there is work to be signed off on a timesheet, no work means a zero effort timesheet = zero to be paid.

[Joe Blog]

Company refuses to sign my last timesheet

I give my notice to terminate the contract which is 7 days . Next day morning I was told to leave and give back all the equipment. I sign the papers and left. I contacted HR and ask then what happening to my notice period payment as I was not allowed to work my notice period. They advice me to fill my timesheet as normal which I did. Now the manager refuses to sign it and the agency cannot pay me. Iwork via agent and my own Limited company.
What can I do to get paid?

[tarbera]

then

Depends doesn't it? What if it's a contract with the NUS?

then ask to go to the thought locker for 30 minutes after you hug them all

[NotAllThere]

ohhh and OP at your next client interview dont tell them you were bullied and walked off site otherwise they will be thinking snowflake

Depends doesn't it? What if it's a contract with the NUS?

[tarbera]

and

ohhh and OP at your next client interview dont tell them you were bullied and walked off site otherwise they will be thinking snowflake

[Fred Bloggs]

Sorry to hear the OP had this bad experience. Though I suspect the person is relatively inexperienced at handling these situations? Firstly, I think alleging bullying is a futile thing to do, keep it to yourself once you've decided to walk. I agree, it is unacceptable, but it is a "he said this, he said that" situation that you simply aren't going to win. The agency wants to continue working with the client and will not take the contractor's side. That is very clear.

On one job, after three days, I went in on the fourth day and told the client's person that the job simply wasn't what I felt comfortable doing and that rather than make a real bad job not meeting their expectations, I'd rather just stop there and then while they had time to get another more suited body in place. Of course, this wasn't the entire story, but it was near enough. The client guy shook hands with me, thanked me for being honest and up front and signed off my three days timesheet. I was actually quite willing to forget the three days, but they paid. Now, call me old fashioned or something, but I think that is a far better way to quit a job you only just started eh? Damage done is minimal and I got three days pay just for turning up.

[NotAllThere]

...you can argue constructive dismissal or health issues...

Contructive dismissal? No, that's for employees with 2 years service. Health issus might be a goer if he got signed off by the doctor for stress - that might be sufficient to frustrate the contract (Force Majeure).

Yes, it is the thick end of a grand, but given that it'll probably take more than 2 days effort - non-billable - it's probably not worth it, especially if the agency counter sue.

[northernladuk]

If you have worked the days and have some evidence of being on site etc, they cannot withhold monies. Simple as. 2.5 days could be the thick end of nearly a grand. And even if it is not, the amount may still be sizeable to you. As for walking out you can argue constructive dismissal or health issues why you did not work the notice.

Constructive dismissal?? Really?

[tarbera]

As for walking out you can argue constructive dismissal or health issues .

If you are a permie after 2 years service and have 100% evidence - perhaps

This happens all the time in the real world

OP - can you tell us how you were bullied ?


A permie at my last client claimed they were bullied when the boss asked her to work late one night to finish an urgent report - and she had Zumba

[washed up contractor]

Hello,

I was hoping someone might be able to help me.

I left a contract in January. I won't go into details, but in 13 years of contracting I've never just walked out without working notice before, so that should say it all.

The company I was working at are refusing to sign off my time sheet for that week (2.5 days). The agency I was working through are also saying they will not issue the funds to my Umbrella. Below is their response:

As per the signed contract you have opted out of the agency worker regulations…these apply only to assignments within the scope of the regulations.
In line with the industry all of our contracts include an opt out provision.
You cannot make a claim to an employment tribunal because this isn’t an employment issue.
I would also remind you, that you are in breach of contract for failing to serve your 4 weeks’ notice.
Having spoken to the client they have confirmed they will not be approving your time and as such I would like to bring this matter to a close.
I can advise any claim made against the business in respect of these two and a half days will be countered with a claim in respect of the 4 weeks’ notice which hasn’t been served.

I don't know what to do. I tried speaking to ACAS for some advice, but I'm not sure they understood the full situation. Has anyone had this happen before?

Thanks in advance
Allie

If you have worked the days and have some evidence of being on site etc, they cannot withhold monies. Simple as. 2.5 days could be the thick end of nearly a grand. And even if it is not, the amount may still be sizeable to you. As for walking out you can argue constructive dismissal or health issues why you did not work the notice.

[BR14]

how so? he was a contractor who walked out the door?

what rights do you think he had/has that would be helpful in a court of Law over this contract?

and had signed a contract requiring 4 weeks notice of termination.
walking out of a gig in a petulant fit isn't what i'd call professional behaviour.
Give notice and ask if they want you to work it, maybe

[NotAllThere]

how so? he was a contractor who walked out the door?

what rights do you think he had/has that would be helpful in a court of Law over this contract?

To us it might seem black and white, but lawyers are experts at fudging matters. For example see here.

"Employers have a duty of care for all their employees to prevent bullying and harassment. They also have responsibilities under the Health and Safety at Work Act 1974 for the welfare of employees."

It could be argued that the workplace in this case was the client's offices. The brolly had a duty to pull its employee out of the client, as soon as it became clear that systematic bullying was taking place. (This would work better if the contract was via a ltd co). Here are two ways it could go:
1. There was no breach of contract, because the Act above trumps any contractual term.
or
2. The client was in breach of an imputed term of duty of care to the worker provided by the agency, and so the agency was also in breach.

IANAL - who knows what would happen in court? But my knowledge and experience of matters legal is that if you can muddy the waters enough, then you might be mitigate even the consequences of a finding, e.g. that you did breach the contract, thus reducing damages awarded. Agencies attempt this kind of muddying all the time - which is why a paper chain is vital if you want to go to court about it.

I still don't recommend it in this case! A lot of work for a case that you might even lose, over a £1000 invoice?

[WTFH]

how so? he was a contractor who walked out the door?

what rights do you think he had/has that would be helpful in a court of Law over this contract?

The advice was not specific to this case, but in general one should always keep things in writing with agents, particularly regarding problems.