Agency wont pay wages until new umbrella company has returned contract

[Taita]

Hi all

I am hoping someone might be able to shed some light on the situation mentioned in the post title.

I renewed my contract at the beginning of the year and had been considering changing umbrella companies as the one i was with had been a hassle to deal with. So i found one that i thought i would like to try and proceeded with changing over to them.

When i approached the agency about this they first tried to fob me off with their list of preferred umbrella companies and i told them that i would be sticking with the one i had selected. They accepted this after a bit of a fight and i thought everything would be fine, until today.

Payment was due to be received today, timesheets had been submitted and authorised, invoice had been sent from new umbrella company.

So today when i questioned them about why i hadn't received my pay they told me that it was because they hadn't received the contract back from the new umbrella company or the opt-out form from me (i have read about the opt-out form so know they are not within their rights to say they won't proceed without me signing and returning it, especially as i had been working through them previously without signing one).

I called my new umbrella company and got them to return the contract but according to the agency it was then too late for them to make the funds available to my umbrella company as i had missed the payroll run. They have now told me that i will have to wait until the next payroll which means i wont get paid till next friday.

Are they within their rights to do this or should they have paid me regardless of the contract being returned to them by my umbrella company?

Thanks in advance for any advice or help.

The agency pays the umbrella and the umbrella pays you. Why are you chasing the agency?

[northernladuk]

Fiver says returning the signed contract is still a quicker resolution

Was... They already returned it.

[Jessica@WhiteFieldTax]

Fiver says returning the signed contract is still a quicker resolution

[northernladuk]

You'd probably have to go to court to **prove** an implied contract; suspect OP wants paying quicker than that

I very much doubt it. The definition of an implied contract is very clear so no one would go let it go as far as court to find they were going to lose. One definition for example is below. So the worker turned up, can't be a gift therefore they have a contract. The agents lawers would fold as soon as it is brought to their attention IMO.

from assumed intentions, from some relationship among the immediate parties, or from the application of the legal principle of equity.
For example, a contract is implied when a party knowingly accepts a benefit from another party in circumstances where the benefit cannot be considered a gift. Therefore, the party accepting the benefit is under a legal obligation to give fair value for the benefit received. Opposite of express contract. See also express contract, implied in fact contract, and implied in law contract.


Read more: What is implied contract? definition and meaning

[Jessica@WhiteFieldTax]

We could get in to implied contracts as OP has already started I guess....

You'd probably have to go to court to **prove** an implied contract; suspect OP wants paying quicker than that

[northernladuk]

No contract. No pay. Simples as that.

We could get in to implied contracts as OP has already started I guess....

[Jessica@WhiteFieldTax]

No contract. No pay. Simples as that.

Yep, my thoughts. I'm not surprised the agent didn't pay without a signed contract.

[Retinaburn]

Thanks for the advice and also thanks for your meaningless and frankly unnecessary comments.

[Wanderer]

should they have paid me regardless of the contract being returned to them by my umbrella company?

No contract. No pay. Simples as that.

[BolshieBastard]

Or is this another sockie?

With a name like 'retinaburn' I'd say so.

[northernladuk]

Or is this another sockie?

[northernladuk]

So today when i questioned them about why i hadn't received my pay they told me that it was because they hadn't received the contract back from the new umbrella company or the opt-out form from me (i have read about the opt-out form so know they are not within their rights to say they won't proceed without me signing and returning it, especially as i had been working through them previously without signing one).

Maybe go and read about opt out again then. It is for work seekers. You are not a work seeker you are employed by the Umbrella. The only thing you can opt out of is the working time regulations.

I called my new umbrella company and got them to return the contract but according to the agency it was then too late for them to make the funds available to my umbrella company as i had missed the payroll run. They have now told me that i will have to wait until the next payroll which means i wont get paid till next friday.

You are employed by the umbrella, they should be paying you and it's up to them to chase their money surely?

Are they within their rights to do this or should they have paid me regardless of the contract being returned to them by my umbrella company?

Speak to your umbrella, they employ you.

[BolshieBastard]

Hi all

I am hoping someone might be able to shed some light on the situation mentioned in the post title.

I renewed my contract at the beginning of the year and had been considering changing umbrella companies as the one i was with had been a hassle to deal with. So i found one that i thought i would like to try and proceeded with changing over to them.

When i approached the agency about this they first tried to fob me off with their list of preferred umbrella companies and i told them that i would be sticking with the one i had selected. They accepted this after a bit of a fight and i thought everything would be fine, until today.

Payment was due to be received today, timesheets had been submitted and authorised, invoice had been sent from new umbrella company.

So today when i questioned them about why i hadn't received my pay they told me that it was because they hadn't received the contract back from the new umbrella company or the opt-out form from me (i have read about the opt-out form so know they are not within their rights to say they won't proceed without me signing and returning it, especially as i had been working through them previously without signing one).

I called my new umbrella company and got them to return the contract but according to the agency it was then too late for them to make the funds available to my umbrella company as i had missed the payroll run. They have now told me that i will have to wait until the next payroll which means i wont get paid till next friday.

Are they within their rights to do this or should they have paid me regardless of the contract being returned to them by my umbrella company?

Thanks in advance for any advice or help.

Just say 'No!' to brollies. Who's in control of the money you're earning? Not you!

And nearly every agency I know wont pay until they have the signed contract and all required paperwork back especially if you've hacked them off by using a different brollie to their recommendations and the opt out.

[Retinaburn]

Hi all

I am hoping someone might be able to shed some light on the situation mentioned in the post title.

I renewed my contract at the beginning of the year and had been considering changing umbrella companies as the one i was with had been a hassle to deal with. So i found one that i thought i would like to try and proceeded with changing over to them.

When i approached the agency about this they first tried to fob me off with their list of preferred umbrella companies and i told them that i would be sticking with the one i had selected. They accepted this after a bit of a fight and i thought everything would be fine, until today.

Payment was due to be received today, timesheets had been submitted and authorised, invoice had been sent from new umbrella company.

So today when i questioned them about why i hadn't received my pay they told me that it was because they hadn't received the contract back from the new umbrella company or the opt-out form from me (i have read about the opt-out form so know they are not within their rights to say they won't proceed without me signing and returning it, especially as i had been working through them previously without signing one).

I called my new umbrella company and got them to return the contract but according to the agency it was then too late for them to make the funds available to my umbrella company as i had missed the payroll run. They have now told me that i will have to wait until the next payroll which means i wont get paid till next friday.

Are they within their rights to do this or should they have paid me regardless of the contract being returned to them by my umbrella company?

Thanks in advance for any advice or help.