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Contract is the agreement around the engagement and terms. It's not linked to eligibility to work or get paid. It's just one of a number of documents that might include NDA's, credit checks, security checks etc etc. You can agree the work even if the other steps aren't taken. Not ideal to have it signed and a start date set when the other stuff isn't done to be fair but not unusual.Originally posted by HeritageActParsons View PostLeave a comment:
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Technically I wasn’t credit checked on the first day so client doesn’t have to pay me but don’t quite understand how the contract paperwork was signed in that case. Anyway, will have to take it on the chin I guessLeave a comment:
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The legality is yes you're entitled to be paid for going in but isn't worth a legal battle. Strictly speaking you could probably only book an hour or two. Try and come to arrangement with the agency.Leave a comment:
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Ooh dear. I wouldn't touch such things.Originally posted by Snooky View PostLeave a comment:
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Key thing to remember as a contractor is that you are on a T&M contract. You get paid for the days you work regardless of start and end days of the contract. It will be in there you get paid upon receipt of signed timesheet so if the client doesn't offer you work you don't get paid. That's it. The start day for the contract could have been last year but if you were only given work today you only get paid for today.
Now the fact you were called in for me is at minimum half a days billing. You fulfilled a request by the client to turn up, you did that. The fact you didn't do any work means you shouldn't get paid for the day but it's taken your time so you should be able to bill for at least half the day. IMO that's tight and not unreasonable you should think you are owed a full day but half a day is better than none. This is the risk you run with contracting. Being asked not to work bank hols or xmas is the same thing. Client doesn't offer you work that day so you don't get paid. Difference here is you did at least attend site.
The fact you don't have a day on your timesheet portal sounds more like an admin thing rather than you not getting paid so I'd chase that route up first. You attended site so want to bill half a day so speak to the agent to see how that might happen. We've got bank holidays coming up, can you stick half a day on one of them and that way you get your money but don't have to mess about with the portal. Can't see why they can't change the dates but it's an option.
Before getting in to the legalities keep talking to the agent and see what the art of the possible is first.
All that said be fully prepared for the client to say no and you'll have to swallow the day. It's 50/50 this one and it might not fall in your favour. Do you get paid for the day or do they not pay you for not doing anything? First to blink loses but I wouldn't be ruining a decent gig over this.Last edited by northernladuk; 14 March 2023, 09:48.Leave a comment:
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Can you prove you were there first day?Originally posted by HeritageActParsons View Post
If so then you are entitled to be paid.
Should you chase it?
Maybe. Depends on whether trying to will cause someone to drop you as a pain the arse.
Do the contractors in the same situation as you work for the same agency?
And if so what else is different? Did you go home earlier?
And what's this about a credit check? Why would you need a credit check? and if there had been work are they saying you wouldn't have been paid?
If this was me I'd start looking elsewhere on principle. If shafted on day 1, you'll be shafted later as well.Leave a comment:
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You're a contractor, you get paid more because sometimes things don't start on time, and very often finish early (as in weeks or months early)
Your colleagues either got lucky or committed fraud in submitting for that day. If you ever get IR35 investigated, remember that day - you'll be able to show that you didn't get paid for work you (effectively) didn't do, which is a good thing (not that I'm sure it feels like it).
The only way I'd reasonably see myself charging for that day would be if you were all sat around and at least able to discuss the project (and/or work on your own kit) - if not, then not getting paid, annoying as it is, is probably the perfect outcome.
Wait til you get public sector roles, you'll be getting calls asking to start yesterday then still waiting for your laptop at Christmas... and they wonder why they can't hire anyone.
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The "legalities" are that you lost a day's pay through no fault of your own. And there's absolutely nothing you can do about it.Originally posted by HeritageActParsons View PostLeave a comment:
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Not Getting Paid for First Day
I started in a new inside IR35 role last week. Went to the office along with 3 other new joiners to find that there were no laptops available so we were all sent home until further notice (which turned out to be
the next day).
Just come to fill in my timesheet and there is no option for that first day although the other new starters did have that day in their timesheets and were approved. Spoke to agent and they said there was some delay in a credit check so client had asked for my start date to be changed to the next day yet the contract I have signed expressly specifies the previous day (i.e. the one where I went in and got sent home) as the start date.
What are the legalities here?
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