Reply to: Recruitment Agency/Client attempting to not pay me, because they dont like animation

[northernladuk]

ok thanks...what is the general consensus on this though, lets say they had decided not to pay me, would I even be able to get any money for my time? opting out sounds appalling

Read it and it will tell you. My patience is running thin with this one.

[keitho]

Read this thread that is stickied in the business/legal section..

http://forums.contractoruk.com/busin...-2003-act.html

It has been discussed in great detail so can search CUK for more info in both forums and and on main site.

Google has a lot on this as well.

ok thanks...what is the general consensus on this though, lets say they had decided not to pay me, would I even be able to get any money for my time? opting out sounds appalling

[northernladuk]

quick update: agency have agreed to pay full amount. Because I opted-out, they didnt have to pay meeek

they are just being 'kind'

Remind me to opt-IN every single time from now on...what is the advantage of opting-out then?

Read this thread that is stickied in the business/legal section..

http://forums.contractoruk.com/busin...-2003-act.html

It has been discussed in great detail so can search CUK for more info in both forums and and on main site.

Google has a lot on this as well.

[keitho]

quick update: agency have agreed to pay full amount. Because I opted-out, they didnt have to pay meeek

they are just being 'kind'

Remind me to opt-IN every single time from now on...what is the advantage of opting-out then?

[keitho]

So your contract is with the agency? I'd be tempted to bill them in the normal way, then step away and let them deal with it.

If agency dont pay, thats their problem. Take them to court if needs be.

So are you opted out though?

I can't honestly remember, but what difference would it make?

[keitho]

Point this clause out to all parties involved?

I did and the recruitment agency changed their tune a little bit...it went from 'maybe we can't pay you', to 'we will pay you what we can get from them', to which I replied 'it is not optional, you need to pay me the full amount according to your own contract'...should be an easy win if I do have to go the legal route...i hope

[psychocandy]

So your contract is with the agency? I'd be tempted to bill them in the normal way, then step away and let them deal with it.

If agency dont pay, thats their problem. Take them to court if needs be.

So are you opted out though?

[northernladuk]

• If you carry out work on an assignment,
but are unable to obtain a signed
timesheet, you are entitled to be paid for
the hours you worked by an employment
business. The employment business is
however permitted to delay payment for a
reasonable period to check whether you
have worked the hours claimed.

Found this in the contract, what should be my next step then? thanks

Point this clause out to all parties involved?

[keitho]

• If you carry out work on an assignment,
but are unable to obtain a signed
timesheet, you are entitled to be paid for
the hours you worked by an employment
business. The employment business is
however permitted to delay payment for a
reasonable period to check whether you
have worked the hours claimed.

Found this in the contract, what should be my next step then? thanks

[keitho]

Do you have signed/approved timesheets?

If you do, prepare an invoice and send an email with a subject stating "Invoice for Payment" with the timesheets attached.

If necessary speak to the director of the agency and tell them there is nothing in the contract that links payment to performance, only hours worked. Tell them that whatever the client says about your piece of work there are now outstanding dues from them, the agency, that you will now have to chase up through the proper, legally recognised channels, starting with reminders of payment due.

There is a website that tells you what to do when you have dues outstanding, the steps to chase it up. Its been mentioned on the forums before - do a search to find it or maybe someone else can tell you what its called.

Lastly, ignore advice on this forum that suggests "shrug and move on if its a small amount". What a way to conduct a business!

Hi, this is the problem, the recruitment agency want to pay me, but the company is holding my timesheet ransom, and refusing to sign it? what will happen here? I can prove I was on the premises, I can prove the work was done as I have the files, and I can prove the work was used.

The company called today and tried to renegotiate the price/daily rate (after using my work in the meeting)...I said a big 'no'

Their staff complained about sleeping under desks to finish work, against health and safety? no overtime pay either, and a full sat/sun

So it is no surprise that they are behaving this way, should have walked out the moment I saw the guy sleeping under the desk. They also said I was aggressive, my friends will testify I am the most passive person you could ever meet, and that I lied about my experience (I have about 10 good references, some award winning)

The recruitment agency girl who is attempting to reach an agreement is nice but I don't think my money should be held ransom this way, I have a sick wife I need to look after

[keitho]

What sector is the employment in, because that matters?

For example, when working in IT, if there is a non paying client/agent, one would typically send a solicitor letter for a large amount or shrug it off and move on at a smaller amount. Playing by the book is the best course of action.



However, when working in the building and theatre industry, personally visiting the client/agent and informing them it would be best for them to pay up to preserve their health was a common occurrence and especially with smaller clients who tried to dodge payment, visiting them and taking your money happens.

no about a grand, not shrugging it off, I want my money, my work was used too

[rd409]

There is a website that tells you what to do when you have dues outstanding, the steps to chase it up. Its been mentioned on the forums before - do a search to find it or maybe someone else can tell you what its called.

https://payontime.co.uk/

[theroyale]

Hi

Just had a look over my contract with the recruitment agency, and did not see a single clause about being paid based on performance...here's the situation

just worked a weekend at the clients company, through the recruitment agency..The day rate and terms were agreed on Friday, prior to commencing work, I have emails, contract etc...Fast forward to today, they say the animation turned out grainy and don't want to pay. Here are some factors:

-I didn't do the render, a company called **** did it...

-I warned them about certain checks that were needed done, but they said ignore them to save time

-The two other permanent employees I worked with, tweaked it long after I left..they certainly didnt raise any issues with it as I left

I read though the contract with my recruiter, and besides sick pay, disclosure clauses etc, there was nothing that remotely referenced this situation...I can put it up if you like

So....what do you suggest?

<admin note>Rendering company name removed, it is not of any relevance so not needed here.</admin note>

Do you have signed/approved timesheets?

If you do, prepare an invoice and send an email with a subject stating "Invoice for Payment" with the timesheets attached.

If necessary speak to the director of the agency and tell them there is nothing in the contract that links payment to performance, only hours worked. Tell them that whatever the client says about your piece of work there are now outstanding dues from them, the agency, that you will now have to chase up through the proper, legally recognised channels, starting with reminders of payment due.

There is a website that tells you what to do when you have dues outstanding, the steps to chase it up. Its been mentioned on the forums before - do a search to find it or maybe someone else can tell you what its called.

Lastly, ignore advice on this forum that suggests "shrug and move on if its a small amount". What a way to conduct a business!

[pmeswani]

The question is, do you have any form of documentation to state that the work has been completed successfully? If not, you may find it difficult to get the money back.

Before I forget, I agree with what NLUK will say shortly.

[wim121]

What sector is the employment in, because that matters?

For example, when working in IT, if there is a non paying client/agent, one would typically send a solicitor letter for a large amount or shrug it off and move on at a smaller amount. Playing by the book is the best course of action.



However, when working in the building and theatre industry, personally visiting the client/agent and informing them it would be best for them to pay up to preserve their health was a common occurrence and especially with smaller clients who tried to dodge payment, visiting them and taking your money happens.