Advice please - Payment being withheld

[NotAllThere]

Start the dunning process immediately. Check this link.

[Chester]

Did you opt out of the agency regulations? If you did not, then they must pay you for the work you did, regardless of the situation, as long as you can prove you did the work.

By continuing to work there, and by continuing to have you on site, there was a contract between you and the agency, whether it was written or not. In the absence of a written contract for the new period, then the existing one would be deemed to be in place.

Does your contract with the agency allow you to walk without giving notice? There is a difference between not having a notice period and being able to walk without giving notice. If you can walk without giving notice (which I would be surprised), then there is nothing that you've done wrong here, and the agency is wrong to withhold payment. If the money isn't due until tomorrow, how do you know that they haven't paid you??

Have the agency given you any indication of why they aren't paying you? Re-invoice when it is late, and then start to add interest and penalties etc. Have a look here for advice on chasing bad debt.

Oh, and "their client site"

thanks - i know they are not paying me as i contacted the accounts department to find out when it will be paid they told me it has been placed on hold - cannot get hold of anyone to find out anything more. i did sign the ltd company opt out notification

[TheFaQQer]

Bit of a long one. Have been working through an outsourcing company at there clients site. For various reasons they have lost the contract with there client. my original contract was due to finish on the 26th October but because they lost the contract the end date was changed to the 28th September this was received in written confirmation - letter only though no revised contract. they then verbally offered my another contract at a different clients site due to start on the 15th October so i agreed to stay at the current site to help them out until this Friday 12th. Since then have found out they dont have anything to offer me as they have not actually signed the official contract of services with the new client and have been stringing me along. I told them i wasnt happy with the way it had been dealt wiht as i had another contract to go to - they were aware of this and as i had hoped to receive a new contract with them i put it on hold. Anyway left site yesterday without giving notice although no notice period in my contract and the agency have withheld payment - can the agency do this and what should i do in order to get the money to me asap. Timesheet and invoice were authorised by the client and should be paid into my account tomorrow.

Did you opt out of the agency regulations? If you did not, then they must pay you for the work you did, regardless of the situation, as long as you can prove you did the work.

By continuing to work there, and by continuing to have you on site, there was a contract between you and the agency, whether it was written or not. In the absence of a written contract for the new period, then the existing one would be deemed to be in place.

Does your contract with the agency allow you to walk without giving notice? There is a difference between not having a notice period and being able to walk without giving notice. If you can walk without giving notice (which I would be surprised), then there is nothing that you've done wrong here, and the agency is wrong to withhold payment. If the money isn't due until tomorrow, how do you know that they haven't paid you??

Have the agency given you any indication of why they aren't paying you? Re-invoice when it is late, and then start to add interest and penalties etc. Have a look here for advice on chasing bad debt.

Oh, and "their client site"

[Chester]

Bit of a long one. Have been working through an outsourcing company at there clients site. For various reasons they have lost the contract with there client. my original contract was due to finish on the 26th October but because they lost the contract the end date was changed to the 28th September this was received in written confirmation - letter only though no revised contract. they then verbally offered my another contract at a different clients site due to start on the 15th October so i agreed to stay at the current site to help them out until this Friday 12th. Since then have found out they dont have anything to offer me as they have not actually signed the official contract of services with the new client and have been stringing me along. I told them i wasnt happy with the way it had been dealt wiht as i had another contract to go to - they were aware of this and as i had hoped to receive a new contract with them i put it on hold. Anyway left site yesterday without giving notice although no notice period in my contract and the agency have withheld payment - can the agency do this and what should i do in order to get the money to me asap. Timesheet and invoice were authorised by the client and should be paid into my account tomorrow.