Reply to: Owed money from agency but timesheet not authorised.

[IT_BOY]

All this what you are entitled to and not entitled to is very nice but you hand your notice in and 4 days later you want to come back? You have screwed them over royally and to add insult to injury you come crawling back to them expecting to carry on like nothing has happened.

If that was me you can go whistle. Whatever you are 'entitled' to or covered for you can KMA. All the official lines of recourse are useless if the client doesn't want to pay and thats that.

I can't believe you will get a lawyer so at the end of the day your stuffed. Take it as a lesson that you will always be the one losing out when you stuff your client over IMO

fair cop ! ... appreciate this , sometimes being harsh is a sanity check.

[IT_BOY]

That depends on what it says in the contract. If it's a contract for a deliverable, then that might be so, but if it's a case of manning a phone line for 8 hours a day, for an hourly or daily rate, it's rather more difficult to argue that he hasn't delivered on the days he was there.

Also depends what the contract says about notice periods. If he had no requirement to give notice, i.e. the contract says he could walk out at any time, then they don't have a leg to stand on. If he did have to give notice, but didn't, or had no ability to give notice, then he might be better off walking away because they might sue him for more than he sues them for.

The odd thing is why the OP terminated the contract for 4 days.

Reading between the lines, it sounds like the client are using this to get rid of a contractor they weren't all that impressed with.

well what i heard they had a number of contractors before me and they have not replaced me after a month. The system is live in PRD so i have delevered and its working away.

[VectraMan]

Disagree. the client will merely argue that the OP, via the agency, hasn't delivered agasint the contract and there is nothing to be paid. Or argue that non-payment for time served is recompense to them for the wasted effort.

That depends on what it says in the contract. If it's a contract for a deliverable, then that might be so, but if it's a case of manning a phone line for 8 hours a day, for an hourly or daily rate, it's rather more difficult to argue that he hasn't delivered on the days he was there.

Also depends what the contract says about notice periods. If he had no requirement to give notice, i.e. the contract says he could walk out at any time, then they don't have a leg to stand on. If he did have to give notice, but didn't, or had no ability to give notice, then he might be better off walking away because they might sue him for more than he sues them for.

The odd thing is why the OP terminated the contract for 4 days.

Reading between the lines, it sounds like the client are using this to get rid of a contractor they weren't all that impressed with.

[IT_BOY]

If you've not got a signed time sheet then you have no evidence that you did the tasks contracted for. Check your contract, but I'd be willing to bet that there's something in there requiring a signed timesheet for any payment to be made.

I'd give you 50/50 at best in court if it came to that.

I'm sorry to be harsh, but if I was the client I'd have to be legally forced to pay you if you left without notice so would have to be replaced costing me time and money.

they havent replaced me and the system is fully functional in PRD

[IT_BOY]

If you've not got a signed time sheet then you have no evidence that you did the tasks contracted for. Check your contract, but I'd be willing to bet that there's something in there requiring a signed timesheet for any payment to be made.

I'd give you 50/50 at best in court if it came to that.

I'm sorry to be harsh, but if I was the client I'd have to be legally forced to pay you if you left without notice so would have to be replaced costing me time and money.

cheers mate will probably drop it

[IT_BOY]

Oh FFS. Some people really do reap what they sow, dont they?

cheers mate , really appreciate that

[Not So Wise]

Opt out status doesn't matter. If he hasn't got a timesheet signed by the client, nobody's going to pay him anything. End of...

Actually there is in the agency regulations a section that covers the lack of timesheets and payment, basically if opted in agency cannot withhold payment because contractor does not have signed timesheets, regardless of what the contract might say

But it's a long hard uphill struggle to get that payment without some other form on concrete proof of monies owed, got any email's from agency or client that might confirm it?

If you are properly opted out (unlikely) you are up the creek without a paddle

@OP, you really do take the Mickey, you bug out without any notice and then few days later come back expecting all to fine and them to be waiting with open arms? Some people

[malvolio]

Disagree. the client will merely argue that the OP, via the agency, hasn't delivered agasint the contract and there is nothing to be paid. Or argue that non-payment for time served is recompense to them for the wasted effort.

Give it up; the OP screwed up and needs to move on.

[Hex]

If you were Opted in to the agency regulations then you don't need a Signed Timesheet. The agency must pay you regardless.

If you were Opted out then it's more difficult. If the client realised that you were working for them for that month that they haven't signed the timesheet for (i.e. they let you into their office to work) then they were aware that you were working for them and they should pay you. You may have to go to court to force them to do this though and I would think that any costs they incurred because you left without giving notice would be deductible from what you were owed, so in the end you have to work out if it's worth it.

It would be much better to sort it out amicably if possible. Can you go to their offices and discuss it with someone?

[malvolio]

Yep, totally agree. The OP has put in some time on the client site but he sure as hell hasn't delivered what the client wanted, which is some months of productive effort, and he has caused extra work to be done by the client to sort out his mess.

If you want to be paid just for turning up, go permie. Contractors are there to deliver resuilts, not timesheets.

[northernladuk]

All this what you are entitled to and not entitled to is very nice but you hand your notice in and 4 days later you want to come back? You have screwed them over royally and to add insult to injury you come crawling back to them expecting to carry on like nothing has happened.

If that was me you can go whistle. Whatever you are 'entitled' to or covered for you can KMA. All the official lines of recourse are useless if the client doesn't want to pay and thats that.

I can't believe you will get a lawyer so at the end of the day your stuffed. Take it as a lesson that you will always be the one losing out when you stuff your client over IMO

[VectraMan]

Of course the agent will say they won't pay without a timesheet, but it seems to me that the client has no grounds for refusing to sign the timesheet, and to do so amounts to refusing to pay for the work you've done, which is a breach of contract. If clients could avoid paying by just refusing to sign with no consequences, we'd all be in the tulipe at the end of every contract.

[MaryPoppins]

I thought that the regs stated that payment cannot be withheld on the grounds that the contractor has not produced a signed timesheet?

If you are opted in, this would apply. However, is it worth taking the legal route probably necessary to enforce the above?

We don't know why OP had to cut short on the contract, so I won't comment on that.

[malvolio]

Opt out status doesn't matter. If he hasn't got a timesheet signed by the client, nobody's going to pay him anything. End of...

[eliquant]

Last resort maybe to provide evidence that you were in the office on those paticular dates and then inform the client that you will take legal action if not signed for, can't think of anything else. The tough bit is the conclusive evidence.

smalls claim court ?