Reply to: Client refusing to sign timesheets after taking receipt of work at close of contract

[TheFaQQer]

Query: Do signed timesheets imply acceptance of the work, or are they simply a record of being on site?

It depends on the wording on the timesheet. Mine say something like "I confirm that this timesheet represents a true reflection of the time worked, I am satisfied with the work completed and authorise XYZ Agency to invoice at the agreed rate" (or similar).

Most timesheets I've seen from agencies say something similar - the client signs them and indicates that they can then be charged for your work.

[Not So Wise]

Query: Do signed timesheets imply acceptance of the work, or are they simply a record of being on site?

Timesheets are little more than a record of being on site and then not even one with much legal standing

Invoice the agency and prepare for legal action, client not signing the timesheets and thus refusing to pay the agency is the agency's problem not yours

And for future reference, do not leave the client site at end of contract without getting timesheets signed (best practice is to hand them in about mid day on the last day), thus if client gives any bulltulip about "wanting to verify the work first" it gives them time to do so.

If they say not got the time, prepare to get screwed

Oh yeah, don't forget to let any contractors you know on site know what the client has pulled, that should nicely stir up the pot

[Platypus]

insisted the timesheets were signed before leaving.

Query: Do signed timesheets imply acceptance of the work, or are they simply a record of being on site?

[Turion]

Whatever he does, he still needs to prove he was onsite and working, and that requires signed timesheets. Unless he has other documentary evidence, going legal will be a nightmare, but may be worth the cost. In the last week he should have arranged a final handover with the manager and insisted the timesheets were signed before leaving.

[YHB]

So, get good legal advice and go along with that. Try www.egos.co.uk - not cheap, but highly recommended.

Tried them earlier this week regarding a contract lockin clause, got an email back saying "Charges are based on £293.75ph" so not replied back

[stillooking]

furrymuff1

[TheFaQQer]

I'd suggest looking at yr contract again in detail, to see if it allows you to hold them to account for this breach/default.

If you want to pursue it, I can possibly give you a steer on whether it's worth the effort.

Since the OP was not opted out of the agency regulations, it's a moot point - the agency MUST pay for the work that has been completed, whether they have received payment or not, and whether the client is happy or not.

That's the beauty of not opting out.

[stillooking]

I'd suggest looking at yr contract again in detail, to see if it allows you to hold them to account for this breach/default.

If you want to pursue it, I can possibly give you a steer on whether it's worth the effort.

[MarkThompson]

The agency regulations are clear - you must opt out in writing (which you did), before being introduced to the client (which you did not). Therefore, the agency is legally obliged to pay you for the work that you did, whether the client is happy with the work or not. If they aren't happy with the work, then they need to go through alternative dispute resolution to sort it out.

Speak to the umbrella, and also to the agency, pointing this out. Highlight to the agency that you will be filing a complaint with the DBERR (formerly the DTI) about this, if they are breaching the regulations, since DBERR are responsible for regulating the agencies.

Take legal advice (speak to the PCG legal line if you are a member), and have a look at the regulations in detail, particularly regarding how to complain if the agency is in breach of the regulations.

Is it possible for you to point me at a link with these regulations in detail please? Would definitely like to read up on the subject before taking matters further with my agency.

Thanks in advance.

(and I really appreciate this advise everyone - its extremely helpful!)

[Beefy198]

Go get them! This whole opt out with agencies annoys the hell out of me with their blatant disregard of the regulations.

And best of luck!

[TheFaQQer]

5. Yeah on checking my online docs with umbrella corp I did op out of the agency regulations - but this was done via an online form not signed in paper - and it didn't happen before I was introduced to the client - but afterwards several days after I actually began work.

The agency regulations are clear - you must opt out in writing (which you did), before being introduced to the client (which you did not). Therefore, the agency is legally obliged to pay you for the work that you did, whether the client is happy with the work or not. If they aren't happy with the work, then they need to go through alternative dispute resolution to sort it out.

Speak to the umbrella, and also to the agency, pointing this out. Highlight to the agency that you will be filing a complaint with the DBERR (formerly the DTI) about this, if they are breaching the regulations, since DBERR are responsible for regulating the agencies.

Take legal advice (speak to the PCG legal line if you are a member), and have a look at the regulations in detail, particularly regarding how to complain if the agency is in breach of the regulations.

[TheRefactornator]

5. Yeah on checking my online docs with umbrella corp I did op out of the agency regulations - but this was done via an online form not signed in paper - and it didn't happen before I was introduced to the client - but afterwards several days after I actually began work.

So your opt out is null and void and you're opted in by default. Make sure you have documented evidence proving the regs opt out is invalid in terms of the timeline of events that occurred at the start of the contract and use this as a shoe horn with the agency to get them to pay your umbrella. The fact that the agency have advised that they will not invoice the client until the timesheets are signed should not enter this equation.

[TykeMerc]

Nope - he is through an umbrella, so his contract is with the umbrella, who has a contract with the agency, which has a contract with the client.

Correct I missed that on my first read through, sorry.

[MarkThompson]

Okay some clarifications:

1. I definitely did the work required in the last 2 weeks of the contract and the client who has expressed "dissatisfaction" with this work has refused to supply any substantive criticism or assessment of what is supposed to be wrong with it.

2. I'm not sure how I go about issuing an invoice myself for this work since I was doing it through and umbrella company and don't currently have a functional limited company of my own.

3. The client in this case is actually a fairly big multinational telecoms company - they really don't seem short of money - this seems to be a fairly local scam by a particular rogue officer of the company.

4. Yeah I appreciate now it's a disadvantage of umbrella companies (ie counting on them to do something) but am I able to take this further myself perhaps through the employment tribunal service for example?

5. Yeah on checking my online docs with umbrella corp I did op out of the agency regulations - but this was done via an online form not signed in paper - and it didn't happen before I was introduced to the client - but afterwards several days after I actually began work.

[TheFaQQer]

Don't forget your contract is with the Agency, if the chose to invoice the client or not isn't your problem, it's the Agency you chase for payment.

Did you sign an opt out of the regulations? If not the Agency must pay you.

Nope - he is through an umbrella, so his contract is with the umbrella, who has a contract with the agency, which has a contract with the client.