Reply to: agent delaying payment

[rootsnall]

IMO This isn't MoO. You are obliged to do the contract you signed. MoO is about work after the current contract.

Not something I've ever had to look into, the only contract I have baled out of was pre the agency regs, and even IR35 if I remember correctly, so different looking contracts. I covered myself with an email from the client with words to the effect of 'no longer required'.

I think AntiqueGeek needs to be careful before not turning up. It could possibly give the agent some ammunition in terms of not paying him the couple of weeks outstanding. Possibly why they tried the 'maybe' don't turn up line !? You can never be too cynical when it gets messy like this

[Contreras]

IMO This isn't MoO. You are obliged to do the contract you signed. MoO is about work after the current contract.

Exactly. Lack of MoO is about not being obliged to accept work beyond what has been agreed. It should be explicit within the contract.

Typically there is no obligation to work every single day of the contract. You shouldn't need permission to break for a day, few days, or even a week. This can be done with goodwill and the absolute intention of returning after said period and an expectation that "the payment issues will be sorted out by then".

[northernladuk]

I'd still be wary about not turning up until you have checked if you can do that in your contract (ie. via no MOO ). They won't be the first agency to start throwing threats around if you don't turn up. So do it by the book if you bale out. It may be that the best option is for the agent to terminate you.

IMO This isn't MoO. You are obliged to do the contract you signed. MoO is about work after the current contract.

[rootsnall]

I agree that it is a horrible situation and I have only told 1 of the 3 sides to this story.

I have questioned to the agent as to why they have renewed and then decided halt in such a short space of time. The more senior staff at the agency are suggesting that a more junior agent was chasing commission.

It seems that the client is behind by several months and Im just feel disappointed that I was kept in the dark until after the dust had settled on my renewal. If I had started looking mid April, Im sure I would be getting my teeth into something new by now. Im not bitter, but do feel that the agent has let me down a little.

It's tulip but it could be a lot worse. Your payments aren't in arrears, and I can't see any reason why you won't get paid for the work you have done so far this month. ie. the agency are already paying up despite their own arrears. The agency must think the client are solvent and will pay up and/or they are very stupid. But again its not strictly your problem at the moment, it is up to the agent to terminate your contract, if you keep getting signed timesheets they have to pay up.

I'd still be wary about not turning up until you have checked if you can do that in your contract (ie. via no MOO ). They won't be the first agency to start throwing threats around if you don't turn up. So do it by the book if you bale out. It may be that the best option is for the agent to terminate you.

ps. I'd try to get an email from the client and/or agent agreeing that your services are no longer required

[SussexSeagull]

I agree that it is a horrible situation and I have only told 1 of the 3 sides to this story.

I have questioned to the agent as to why they have renewed and then decided halt in such a short space of time. The more senior staff at the agency are suggesting that a more junior agent was chasing commission.

It seems that the client is behind by several months and Im just feel disappointed that I was kept in the dark until after the dust had settled on my renewal. If I had started looking mid April, Im sure I would be getting my teeth into something new by now. Im not bitter, but do feel that the agent has let me down a little.

That, I am afraid, is business. Suppliers (which you basically are) don't know until too late.

I imagine a lot of people here have been close to this and are non the wiser it ever happened.

[AntiqueGeek]

I agree that it is a horrible situation and I have only told 1 of the 3 sides to this story.

I have questioned to the agent as to why they have renewed and then decided halt in such a short space of time. The more senior staff at the agency are suggesting that a more junior agent was chasing commission.

It seems that the client is behind by several months and Im just feel disappointed that I was kept in the dark until after the dust had settled on my renewal. If I had started looking mid April, Im sure I would be getting my teeth into something new by now. Im not bitter, but do feel that the agent has let me down a little.

[northernladuk]

Well done, sounds like you are on top of it, and the client is happy with you, and I assume will keep signing your timesheet. So I think the agent has to effectively terminate your contract to get out of paying you ( or go bust ). If your gut says bale out anyway, then I'd check the situation regarding you terminating the contract ( ie. can you just use the no MOO clause - dunno ? ) before jumping.

I don't understand this. Remember the client isn't paying the agent, who in turn isn't paying the contractor. It's not the agent trying to get out of anything. They've taken the hit already. What we don't know is what's going on between client and agent pay wise.

I am sure the client is happy with him and will be happy to sign his time sheet because they ain't paying anything.

Horrible situation all round this one.

[AntiqueGeek]

Am not so sure about the second to last paragraph. If they don't get paid the still have to pay you so they are taking a risk.

Yes, you are right.

However, they should have been aware of this when negotiating my extension only a few weeks ago, and I do feel that I have been kept in the dark.

[rootsnall]

The agent might appreciate a cash sum for the contract to be bought out?

I'd start at a fiver, and settle for a tenner, not so sure I'd want the late paying client on my books.

[BrilloPad]

Well done, sounds like you are on top of it, and the client is happy with you, and I assume will keep signing your timesheet. So I think the agent has to effectively terminate your contract to get out of paying you ( or go bust ). If your gut says bale out anyway, then I'd check the situation regarding you terminating the contract ( ie. can you just use the no MOO clause - dunno ? ) before jumping.

The agent might appreciate a cash sum for the contract to be bought out?

[rootsnall]

I checked out the agency, they are a fair size, long term leases on large offices in 2 cities, decent turnover and over £750k in cash at last accounts.

This morning, I have sent an email to the agent and the client MD, asking a few simple questions. The MD has replied acknowledging, assuring me that the agent were well aware of this in advance and were happy to wait. Nothing from the agent as yet.

It feels like the agent want their cake and eat it. They want me to continue to work and dont wish to put anything in writing which is a worry.

My gut feeling is that its time to move on, chalk it down and try to get what I can in payment.

Well done, sounds like you are on top of it, and the client is happy with you, and I assume will keep signing your timesheet. So I think the agent has to effectively terminate your contract to get out of paying you ( or go bust ). If your gut says bale out anyway, then I'd check the situation regarding you terminating the contract ( ie. can you just use the no MOO clause - dunno ? ) before jumping.

[northernladuk]

Am not so sure about the second to last paragraph. If they don't get paid the still have to pay you so they are taking a risk.

[AntiqueGeek]

I checked out the agency, they are a fair size, long term leases on large offices in 2 cities, decent turnover and over £750k in cash at last accounts.

This morning, I have sent an email to the agent and the client MD, asking a few simple questions. The MD has replied acknowledging, assuring me that the agent were well aware of this in advance and were happy to wait. Nothing from the agent as yet.

It feels like the agent want their cake and eat it. They want me to continue to work and dont wish to put anything in writing which is a worry.

My gut feeling is that its time to move on, chalk it down and try to get what I can in payment.

[strawberrysmoothie]

The agent hasn't said don't go in, it was a maybe, and I'm guessing verbal only. So a tulip situation for AntiqueGeek, but contract wise I don't think that constitutes a DO NOT go in. It's up to AntiqueGeek if and when he thinks its time to bale out, IMHO I still think you need to at least have a chat to the client before not turning up.

I second that. I had a similar situation last year and had a conversation with the client and told them why I couldn't come in. They were not happy and had a chat with the agency. Agency called me later that day and I was suddenly paid the next day. However, I know that doesn't happen to everyone.

Out of curiosity. Did you do a credit check on the agency? To make sure they could afford to pay you on time and there were no red flags.

[rootsnall]

Got to agree with NLUK here. This is for the agency to sort. If they say dont go in, stay home and let them sort it out.
Spend the day on jobserve.

The agent hasn't said don't go in, it was a maybe, and I'm guessing verbal only. So a tulip situation for AntiqueGeek, but contract wise I don't think that constitutes a DO NOT go in. It's up to AntiqueGeek if and when he thinks its time to bale out, IMHO I still think you need to at least have a chat to the client before not turning up.