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Previously on "Cheated by the agency - different contract with client"

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  • malvolio
    replied
    Originally posted by gaumzi View Post
    Because the contract says, they should pay me as i was available for work OR they should have told me at least few days before but they didn't. And even the client was trying to contact them but they were not replying/attending their calls. Such a bad agency i have worked with. Would be more careful in future.
    Not read your contract, obviously, but somewhere in there it will talk about payment for work done for the client.

    However, that's not the point. If you can't see the value in an early termination, think legal action is the immediate recourse, see a simple mistake in terms of someone cheating you out of something and consider two days payment a major issue, you are either in the wrong job or haven't really understood the job you're in.

    So add one more lesson to the list. Things go wrong all the time, but nobody owes you a living.

    Leave a comment:


  • gaumzi
    replied
    Originally posted by SueEllen View Post
    If you want to put in lots of effort to chase them for 2 days money then:
    1. Get a written statement - email will do - from the client that their contract with the agency ends on x date.
    2. Send the agency an invoice for the days they should have paid - this invoice should be sent by two different methods email and letter stating on the bottom you have done this.
    3. Follow it up with a "letter before action" 30 days later stating what term they have breached in the contract. Stick clearly to the facts in the letter. Give them 28 days to pay up and tell them you will be taking them to court and they will be liable for all costs. Send the letter by recorded signed for post.
    3. After 28 days put in a claim through moneyclaim on line and take them to the small claims court.

    Just a warning:
    1. You need to appear reasonable in chasing up the debt which is why you have to give them lots of chance to pay.
    2. If you do take them to court you may never get the money plus you would have lost the additional money on court costs.
    3. The agency may lie and threaten you while you are chasing them for the money. If they are stupid enough to do it in writing take it to court with you.
    4. Never speak to the agency on the phone. Tell them any correspondence must be in writing.

    Finally if they don't pay you after taking them to court rather than chase them for the debt put in a complaint to the Department of Business Employment Agency Inspectorate mentioning the directors names (you need to go via the agency workers unit), and see if you can get the company wound up.

    Personally would I bother chasing the agency up - No. I always find out directly from the client how long the contract is expected to last at the begining. You can often tell when there isn't enough work for you to do.
    Thanks SueEllen. I won't bother chasing them now. Better not wasting more time on them. Would be more careful in future.

    Leave a comment:


  • SueEllen
    replied
    Originally posted by gaumzi View Post
    Because the contract says, they should pay me as i was available for work OR they should have told me at least few days before but they didn't. And even the client was trying to contact them but they were not replying/attending their calls. Such a bad agency i have worked with. Would be more careful in future.
    If you want to put in lots of effort to chase them for 2 days money then:
    1. Get a written statement - email will do - from the client that their contract with the agency ends on x date.
    2. Send the agency an invoice for the days they should have paid - this invoice should be sent by two different methods email and letter stating on the bottom you have done this.
    3. Follow it up with a "letter before action" 30 days later stating what term they have breached in the contract. Stick clearly to the facts in the letter. Give them 28 days to pay up and tell them you will be taking them to court and they will be liable for all costs. Send the letter by recorded signed for post.
    3. After 28 days put in a claim through moneyclaim on line and take them to the small claims court.

    Just a warning:
    1. You need to appear reasonable in chasing up the debt which is why you have to give them lots of chance to pay.
    2. If you do take them to court you may never get the money plus you would have lost the additional money on court costs.
    3. The agency may lie and threaten you while you are chasing them for the money. If they are stupid enough to do it in writing take it to court with you.
    4. Never speak to the agency on the phone. Tell them any correspondence must be in writing.

    Finally if they don't pay you after taking them to court rather than chase them for the debt put in a complaint to the Department of Business Employment Agency Inspectorate mentioning the directors names (you need to go via the agency workers unit), and see if you can get the company wound up.

    Personally would I bother chasing the agency up - No. I always find out directly from the client how long the contract is expected to last at the begining. You can often tell when there isn't enough work for you to do.

    Leave a comment:


  • gaumzi
    replied
    Originally posted by SimonMac View Post
    I think he wanted a on that post #JustSaying

    Leave a comment:


  • gaumzi
    replied
    Originally posted by SimonMac View Post
    Your contract is with the agency a d not the client so ignore that contract as you are not a party to it.

    Your contract will say you get paid on production of signed time sheets, can you produce the time sheet for those two days? No then move and and man up.

    (Also than which ever mod moved this out of general into a forum where we have to behave else you would have been slaughtered for being a eejit)
    I know. Thats why i said they cheated. They should have told me the correct dates. well.. lesson learnt

    Leave a comment:


  • gaumzi
    replied
    Originally posted by mos View Post
    Yup! It seems like over reaction however understandable given current state of the market.

    Leave a comment:


  • gaumzi
    replied
    Originally posted by malvolio View Post
    Regardless of the date mix-up, why do you think anyone should pay you if you haven't done any work?

    Grow up and move on.
    Because the contract says, they should pay me as i was available for work OR they should have told me at least few days before but they didn't. And even the client was trying to contact them but they were not replying/attending their calls. Such a bad agency i have worked with. Would be more careful in future.

    Leave a comment:


  • gaumzi
    replied
    Originally posted by northernladuk View Post
    For what? He didn't do any work. Read Mal's post again.
    It was their mistake not mine.

    Leave a comment:


  • gaumzi
    replied
    Originally posted by Wanderer View Post
    You could get really pissed off with the agency and start one with them. If you didn't opt out then you may be able to invoice them for the whole week on the basis that you were available for work but they never gave you any.

    Most likely, this option will fail because of contractual terms stating that they are not obliged to actually offer you work for the full duration of the contract or that they can terminate the contract with immediate effect if the client terminates the agency contract. You will definitely need legal advice and this would probably cost you more than the two lost days.

    If you make an issue of it, the agency will definitely take it to the client and demand money off them or at least bad mouth you.

    The advice from this forum is going to be to take it on the chin. I'm presuming you were paid a substantial premium over what a permie in the same situation would be paid, so just write the loss off. Hell, it was only two days and it's not like you didn't get paid for work done. As a self employed business person you have to accept the good with the bad and it was good while it lasted. If you weren't a flexible resource then you wouldn't have been engaged to do the job.

    If you weren't paid a substantial premium (eg, double) what a permie would get then paid you shouldn't be contracting - go back to being permie.


    Keep the details of the early termination as part of your IR35 defence if you are operating outside IR35. Smile and thank the client, apologise to the client for the "misunderstanding" with the agency and leave them with your contact details asking them to contact you directly if you are needed in future. Get onto Linked-in and add them as contacts.

    Good luck!

    Thanks Wanderer. I would be more careful in my next assignment. Better to double check with client to ensure that they have the same dates. Lesson Learnt

    Leave a comment:


  • gaumzi
    replied
    Originally posted by SimonMac View Post
    I think he wanted a on that post #JustSaying

    Leave a comment:


  • gaumzi
    replied
    Originally posted by SimonMac View Post
    Your contract is with the agency a d not the client so ignore that contract as you are not a party to it.

    Your contract will say you get paid on production of signed time sheets, can you produce the time sheet for those two days? No then move and and man up.

    (Also than which ever mod moved this out of general into a forum where we have to behave else you would have been slaughtered for being a eejit)
    yes.. i understand. Would be more careful in my next assignment.

    Leave a comment:


  • gaumzi
    replied
    Originally posted by northernladuk View Post
    For what? He didn't do any work. Read Mal's post again.
    They should have told me earlier or at least few days before my end date of contract.

    Leave a comment:


  • gaumzi
    replied
    Originally posted by malvolio View Post
    Regardless of the date mix-up, why do you think anyone should pay you if you haven't done any work?

    Grow up and move on.
    because i was available for work and on the last day i got to know that they had a different contract with the client. If they had told me earlier i would have planned accordingly. Anyways, lesson learnt

    Leave a comment:


  • Wanderer
    replied
    Originally posted by gaumzi View Post
    Can anybody please advise what options do i have?
    You could get really pissed off with the agency and start one with them. If you didn't opt out then you may be able to invoice them for the whole week on the basis that you were available for work but they never gave you any.

    Most likely, this option will fail because of contractual terms stating that they are not obliged to actually offer you work for the full duration of the contract or that they can terminate the contract with immediate effect if the client terminates the agency contract. You will definitely need legal advice and this would probably cost you more than the two lost days.

    If you make an issue of it, the agency will definitely take it to the client and demand money off them or at least bad mouth you.

    The advice from this forum is going to be to take it on the chin. I'm presuming you were paid a substantial premium over what a permie in the same situation would be paid, so just write the loss off. Hell, it was only two days and it's not like you didn't get paid for work done. As a self employed business person you have to accept the good with the bad and it was good while it lasted. If you weren't a flexible resource then you wouldn't have been engaged to do the job.

    If you weren't paid a substantial premium (eg, double) what a permie would get then paid you shouldn't be contracting - go back to being permie.


    Keep the details of the early termination as part of your IR35 defence if you are operating outside IR35. Smile and thank the client, apologise to the client for the "misunderstanding" with the agency and leave them with your contact details asking them to contact you directly if you are needed in future. Get onto Linked-in and add them as contacts.

    Good luck!

    Leave a comment:


  • SimonMac
    replied
    Originally posted by northernladuk View Post
    For what? He didn't do any work. Read Mal's post again.
    I think he wanted a on that post #JustSaying

    Leave a comment:

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