Client not signing my final timesheets...

[Safe Collections]

Hi,

I'm a ltd company contractor and i've recently concluded a contract - I gave my notice early (contractually 2 weeks) as I noticed there was quite a bad culture in the organisation and I wanted out.

I did my 2 weeks notice and all of my timesheets over the 3 months I was there have been approved by the client - except for my work on the final week which was 2 days (monday and tuesday).

I have chased the client to sign these and also have asked the agency who placed me to also chase them, however -it's now quite clear to me the client have no intention of approving them. They are basically just trying it on as I feel like they are probably annoyed I decided to leave before the end of the contract -.

I fulfilled my obligations of the project - and did a detailed handover.

I have copies of plenty of emails / meetings that took place in their office on the last two days that I can point to as evidence of me working those days - and also know colleagues who will vouch for me being in the office and working those 2 days.

I have a clause in my contract that says the agency will not pay invoices unless accompanied by a signed timesheet from the client. I have also opted out of the working regulations.

What's my best course of action here? I intend to be as annoying as possible and keep chasing the client via phone/email/text...but legally - do I have any recourse I can take against the client to get them to approve my timesheet and/or the agency to pay my invoice?

I know it's only 2 days - but i'm stubborn - i've worked these days and they should pay me! Plus I love a legal battle!!!

In this case we would argue that if you cannot fulfil your contractual obligations (a signed timesheet) then any legal claim is going to be potentially risky, as the agency can legitimately defend your claim on this basis.

Whilst you may be able to prove you were on site during the period in question any defence raised will increase your costs if using a solicitor to handle the claim and these costs probably won't be recoverable in a small claim even if you win.

The easiest route to resolution in our view would be to try and escalate the timesheet issue with the end client. Start with the person who previously authorised your work and try to work your way up the management chain until you reach someone who can authorise it.

At the same time, start to formally push the agent for payment, you can get some basic template letters from here and this might give the agency the push they need to chase the end client from their side and hopefully meet you in the middle with a signed timesheet.

Make sure the client and the agency understand that you expect to be paid in full for the work you have completed and that you aren't just going to accept the loss and walk away.

If push comes to shove and you do subsequently end up issuing a legal claim, the above will demonstrate to the court that you did your best to resolve the issues prior to taking legal action.

[BlueSharp]

But is it really worth it for 2 days money?

A couple of hours work for 2 x day rate, hell yes! I spend more time dealing with insurance and utilities companies each year to save a 1/3 of that amount.

[BlasterBates]

Using a mediation service might be an option. Doesn't cost very much.

Make a court claim for money - GOV.UK

[BlasterBates]

But is it really worth it for 2 days money?

I think you should send letters threatening legal action as it costs nothing, then make a decision on whether to submit to the small claims court. I wouldn't involve a lawyer.

You're right though maybe I wouldn't bother with the court case.

[simes]

But is it really worth it for 2 days money?

Yes, it is. IMHO.

If one doesn't stamp out this behaviour, it sets a precedent for all future behaviour. It needs sorting to the bitter end and a message sending.

[BrilloPad]

Although it says that you need a signed timesheet, nevertheless you did the work and you are entitled to payment. A client can't simply refuse to sign a timesheet without good reason.

You have proof that you were there, just send the agency a bill, if they don't pay take it to court.

There should be no problem. I suspect they will sign the timesheet fairly soon. I wouldn't necessarily chase the client, you've done what you can, put pressure on the agency.

But is it really worth it for 2 days money?

[BlasterBates]

Although it says that you need a signed timesheet, nevertheless you did the work and you are entitled to payment. A client can't simply refuse to sign a timesheet without good reason.

You have proof that you were there, just send the agency a bill, if they don't pay take it to court.

There should be no problem. I suspect they will sign the timesheet fairly soon. I wouldn't necessarily chase the client, you've done what you can, put pressure on the agency.

[tastycakes10]

You do not have a contract with the client. You have a contract with the agency.
If you have done the work, you are entitled to payment.
Start dunning the agent.

Now read all the threads that have been posted here in the last 5 years on exactly the same issue.

Thank you - can I do this even though my contract states that I have to have my timesheets signed before issuing my contract?

E.g. my contract states that my agency don't have to pay me unless i have provided signed timesheets. I haven't provided signed timesheets - so why would dunning them work?

Thanks
Dom

[NotAllThere]

You do not have a contract with the client. You have a contract with the agency.
If you have done the work, you are entitled to payment.
Start dunning the agent.

Now read all the threads that have been posted here in the last 5 years on exactly the same issue.

[tastycakes10]

Hi,

I'm a ltd company contractor and i've recently concluded a contract - I gave my notice early (contractually 2 weeks) as I noticed there was quite a bad culture in the organisation and I wanted out.

I did my 2 weeks notice and all of my timesheets over the 3 months I was there have been approved by the client - except for my work on the final week which was 2 days (monday and tuesday).

I have chased the client to sign these and also have asked the agency who placed me to also chase them, however -it's now quite clear to me the client have no intention of approving them. They are basically just trying it on as I feel like they are probably annoyed I decided to leave before the end of the contract -.

I fulfilled my obligations of the project - and did a detailed handover.

I have copies of plenty of emails / meetings that took place in their office on the last two days that I can point to as evidence of me working those days - and also know colleagues who will vouch for me being in the office and working those 2 days.

I have a clause in my contract that says the agency will not pay invoices unless accompanied by a signed timesheet from the client. I have also opted out of the working regulations.

What's my best course of action here? I intend to be as annoying as possible and keep chasing the client via phone/email/text...but legally - do I have any recourse I can take against the client to get them to approve my timesheet and/or the agency to pay my invoice?

I know it's only 2 days - but i'm stubborn - i've worked these days and they should pay me! Plus I love a legal battle!!!