Reply to: Money worries

[TheFaQQer]

I can see why client is upset - if they signed a 5 month with the agency they're going to expect contractor for 5 months. so bit of a shock to them if they find out contractor is free to leave after one month. But to repeat, NOT YOUR PROBLEM.

I watched the same thing happen a few years back with a friend of mine.

PM said to him "we're hoping to be able to offer you another month's extension" and he said "Oh, OK. I'll have to look at other opportunities, though, to see if there's a longer contract elsewhere".

Clientco then signed a contract with the agency for a month. Agency didn't pass anything to the contractor, he found something better elsewhere and walked out at the end of the month.

Client wasn't happy, but the blame lies all with the agent. OK, mainly with the agent - the client should have checked when the end date agreed with the contractor was.

[psychocandy]

I've not.. well at least I don't remember doing so... Certainly can't find any record of it.. nor a contract with the agency which is a little strange!

Anyway.. Solicitors letter sent to Agencies head office - so we shall see what happens.

Cheers for all the help and advise chaps, will let you know how I get on.

No contract????

[thekiwi]

If you ain't opted out then agency has got to pay you regardless of whether they get paid or not.

I've not.. well at least I don't remember doing so... Certainly can't find any record of it.. nor a contract with the agency which is a little strange!

Anyway.. Solicitors letter sent to Agencies head office - so we shall see what happens.

Cheers for all the help and advise chaps, will let you know how I get on.

[psychocandy]

My invoice to the agency is overdue (shorter terms); whereas the invoice from the agency to the client is not overdue.

The statement that the client is retaining 4 weeks is a lie.

I suspect they (the agency) is worried the client won't pay.

Usually when I submitted a timesheet and invoiced, I would be paid the Following Friday.

(That Friday was 3 weeks ago)

Don't worry about the client/agency relationship - not your problem. This is where opted out status is important though with regards to payment.

If you ain't opted out then agency has got to pay you regardless of whether they get paid or not.

[Wanderer]

My invoice to the agency is overdue (shorter terms); whereas the invoice from the agency to the client is not overdue.

Ahh, OK. The payment terms between the client and agency are not your concern. All you need to care about is that they are overdue paying you and so you should start dunning to recover the money owed with penalties and interest.

Definitely time to get serious with them.

[thekiwi]

OK, so the invoice is not overdue yet?

My invoice to the agency is overdue (shorter terms); whereas the invoice from the agency to the client is not overdue.

The statement that the client is retaining 4 weeks is a lie.

I suspect they (the agency) is worried the client won't pay.

Usually when I submitted a timesheet and invoiced, I would be paid the Following Friday.

(That Friday was 3 weeks ago)

[psychocandy]

The client is a fool, they either don't know what is in the contract they signed with the agency or don't understand it. Either way there is no requirement on the OP to do anything other than comply with the contract he has with the agent. If the agent is pulling a naughty, if I were the OP I would write to the client and explain but only if I didn't want to burn the bridge.

The is also no underestimating the stupidity of agents; some time ago, I had a call from a resourcer at my agent asking me if I was interested in a new contract elsewhere, when I explained that I already had a 12 monther through them at a different client he persisted and asked again if I would leave if the money was good enough

Just shows that individual agents even within the same agency will backstab each other in search of coin.

[tractor]

I disagree actually.

The client is of course entitled to be upset, and the agent is to mostly to blame, but in this scenario the OP is quite unprofessional to just leave without saying anything.

Yes, you are not contractually obliged, but professionally, you should have been making sure of a clean handover.

The client is a fool, they either don't know what is in the contract they signed with the agency or don't understand it. Either way there is no requirement on the OP to do anything other than comply with the contract he has with the agent. If the agent is pulling a naughty, if I were the OP I would write to the client and explain but only if I didn't want to burn the bridge.

The is also no underestimating the stupidity of agents; some time ago, I had a call from a resourcer at my agent asking me if I was interested in a new contract elsewhere, when I explained that I already had a 12 monther through them at a different client he persisted and asked again if I would leave if the money was good enough

[Wanderer]

Edit: just spoke to mate in Finance from old gig, who says the invoice is not witheld.. just not paid.. 30 day terms like normal.

OK, so the invoice is not overdue yet?

In that case just speak to the agency and politely ask if everything is in order with your final invoice and if it is scheduled to be paid on time as per the contractual agreement. If they say no then tell them that as far as you are concerned the work was done as per the written contract, the invoice was submitted with timesheets and the payment is due within 30 days of the invoice date. Failure to pay will result in interest and penalties being added to the invoice. Don't take any tulip from them.

When you mention Opt-out can you elaborate on that ? There's several opt-outs and I'm not sure which your talking about..

There is only one opt out that I know of and that is the Agency Conduct Regulations. It's probably not that relevant in this case because you have signed timesheets but it will help your case if you didn't agree to opt out.

[psychocandy]

If you nod your head or don´t reply when the agency says the extension has been agreed, you´ve acquiesced.

In other words agreement can be construed in any form where it is reasonable for the contracting parties to assume you have accepted.

If you have insurance, it rolls until you actively say you don´t want it.

It certainly isn´t black and white, and that´s why you need to explicity say in writing or to the agency verbally or in an e-mail "I´m not renewing".

The fact that everyone blew their top means they were assuming he was going to renew.

Not convinced it works like that. If you turn up on site then its a done deal but otherwise I'd say no.

[psychocandy]

This is exactly what is happening!! they are unhappy so taking it out on me..

I have tried to write handover docs.. but they don't want to know.

It's as if everyone involved is pissed off that I had the "upper hand" so to speak..

I think I'll have the letter sent to them before I do anything else.. I'm not sure if I should try to explain to them that they need to pay me despite the client not paying them (yet).

When you mention Opt-out can you elaborate on that ? There's several opt-outs and I'm not sure which your talking about..

Opt in, opt out? What the employment agency regulations are all about :: Contractor UK

[BlasterBates]

Different thing if you're talking about rolling up on the monday after the contract ends the friday before....... This means you have accepted the extension.

If you nod your head or don´t reply when the agency says the extension has been agreed, you´ve acquiesced.

In other words agreement can be construed in any form where it is reasonable for the contracting parties to assume you have accepted.

If you have insurance, it rolls until you actively say you don´t want it.

It certainly isn´t black and white, and that´s why you need to explicity say in writing or to the agency verbally or in an e-mail "I´m not renewing".

The fact that everyone blew their top means they were assuming he was going to renew.

[thekiwi]

Just because they might be unhappy at something you've done (legally) is not an excuse to act like a petulant schoolkid and take your ball home.

This is exactly what is happening!! they are unhappy so taking it out on me..

I have tried to write handover docs.. but they don't want to know.

It's as if everyone involved is pissed off that I had the "upper hand" so to speak..

I think I'll have the letter sent to them before I do anything else.. I'm not sure if I should try to explain to them that they need to pay me despite the client not paying them (yet).

When you mention Opt-out can you elaborate on that ? There's several opt-outs and I'm not sure which your talking about..

[psychocandy]

Just want to point out that it is not simply a matter of signing contracts. If you´re being offered extensions and acquiesce you are agreeing to them and to suddenly up sticks and leave is misleading the client. In other words the agent and the client do have a point, and they could legitimatley argue that you misled them. After all no-one signs a contract when we go into a bar or a restaurant.

Anyway you can chase up the unpaid bill. But just walking out without doing any handover does put a question mark on whether they really should pay all of it.

In future if you want to get paid you should be fair. i.e. give notice and don´t just wait until you´ve already left before they find out.

Different thing if you're talking about rolling up on the monday after the contract ends the friday before....... This means you have accepted the extension.

Legally you can walk at the end of a contract. Whether its cool to do so is a different matter but I think OP mentioned that he tried to sort it all out.

But why can they withhold payment for work done? There is no link to work done and ongoing contract discussions.

Just because they might be unhappy at something you've done (legally) is not an excuse to act like a petulant schoolkid and take your ball home.

[psychocandy]

Just been told "Client is retaining 4 weeks payment" so this is why I've not been paid.

Now forgive me if I'm wrong.. but I have a signed timesheet, and I was working under contract.. It's the Agency who owes me and not the client..

*sigh*

Edit: just spoke to mate in Finance from old gig, who says the invoice is not witheld.. just not paid.. 30 day terms like normal.

First off check whether you opted out or not. Might make things easier.