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Previously on "Agency not paying up at tail end of contract,recommend me an employment law solicitor"

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  • Not So Wise
    replied
    Originally posted by SueEllen View Post
    If he didn't opt out before having an interview with the client then he can chase the agency as you suggested. Otherwise he could find himself in court with an agency saying he opted-out the client didn't pay so he isn't getting paid.
    Unless the contract stated that payment was dependant on client paying then that defence would not hold for agency even if opted out and if someone was foolish enough to sign such a contract....

    People need to remember ‘opting in’ really only automatically gives you (the contractor) the equivalent of certain contract clauses you should be insisting on anyway regardless of opt status

    Leave a comment:


  • SueEllen
    replied
    Originally posted by Wanderer View Post
    You don't need to waste money on a lawyer.

    Remember that this is between you and the agency. If the client hasn't paid the agency thent that's the agency's problem, not yours.
    That's where opt-in and opt-out come in.

    The OP needs to check his contract to see if it states he has opted-out.

    Then he needs to remember whether he specifically signed a piece of paper before being interviewed by the client stating he wants to opt-out. (It doesn't matter if the agency has tried to re-word the law as it's not valid.)

    If he didn't opt out before having an interview with the client then he can chase the agency as you suggested. Otherwise he could find himself in court with an agency saying he opted-out the client didn't pay so he isn't getting paid.

    If he has opted-out then he should do what explorer says.

    Leave a comment:


  • Wanderer
    replied
    Originally posted by eliquant View Post
    For the last month of my contract the agent hasn't paid me, e-mails I sent them are being avoided and no one is following anything up on their side.

    Could you recommend me an employment law solicitor that can send my agency a formal letter to pay up or if the agency have not billed the client yet to get a move on ?

    I have strong proof that I was there on the client site at the time.
    You don't need to waste money on a lawyer.

    Remember that this is between you and the agency. If the client hasn't paid the agency thent that's the agency's problem, not yours.

    1. Send the agency an email asking if there is any dispute over the invoice. You could also phone them but then you don't have an audit trail so it's best if they reply in writing.
    2. If they don't answer you after (say) 7 days then send a letter threatening legal action to recover the debt plus penalty and interest if they don't pay within 14 days. Address it to the director of the agency and then go to the post office and send it "Signed For" which the post office will do for less than a pound.
    3. If they still refuse then take it to court and they can continue to argue the case there.


    I've done it a few times and I can assure you that when the company director gets a letter that they have to sign for and it's threatening legal action, someone gets a kick up the arse and things get sorted out quick smart.

    Leave a comment:


  • explorer
    replied
    If the agency have not billed the client yet to get a move on
    None of your business, so don't worry about it..

    strong proof
    What's the proof, and before that why do you need to talk about a "proof", to start with? Don't you have a signed timesheet?

    I was there on the client site at the time
    You need not only be physically present at the site (you can get paid even without being onsite), but also must perform "productive work" (even if that means surfing net throughout the week, as long as you are able to get the timesheet approved), to a level satisfactory to the client (resulting in a signed timesheet).

    Send the agency a "reminder" email, with the subject line including "Action Required" or "Final Reminder" and copy your ex-manager and possibly one level up. The latter will expose the agency before the client (if they are indeed withholding yr payment for no good reason), and the fear of loosing business with the client could prompt them to pay.
    Last edited by explorer; 16 July 2010, 20:26.

    Leave a comment:


  • SueEllen
    replied
    Originally posted by BolshieBastard View Post
    ******* hell! That site's not going to do much for him.
    You are right particularly as he doesn't know he isn't an employee.

    Leave a comment:


  • BolshieBastard
    replied
    Originally posted by malvolio View Post
    You're a contractor. Why the f*** do you think you need an expert on employment law? Go visit www.payontime.co.uk and look up your options
    ******* hell! That site's not going to do much for him.

    Leave a comment:


  • malvolio
    replied
    Originally posted by eliquant View Post
    Could you recommend me an employment law solicitor that can send my agency a formal letter to pay up or if the agency have not billed the client yet to get a move on ?.
    You're a contractor. Why the f*** do you think you need an expert on employment law? Go visit www.payontime.co.uk and look up your options

    Leave a comment:


  • Cloud9Umbrella
    replied
    Originally posted by eliquant View Post
    For the last month of my contract the agent hasn't paid me, e-mails I sent them are being avoided and no one is following anything up on their side.

    Could you recommend me an employment law solicitor that can send my agency a formal letter to pay up or if the agency have not billed the client yet to get a move on ?

    I have strong proof that I was there on the client site at the time.
    Hi,

    I have sent you a PM of a lawyers firm that I have used previously.

    Good luck!

    Leave a comment:


  • Zippy
    replied
    Originally posted by eliquant View Post
    For the last month of my contract the agent hasn't paid me, e-mails I sent them are being avoided and no one is following anything up on their side.

    Could you recommend me an employment law solicitor that can send my agency a formal letter to pay up or if the agency have not billed the client yet to get a move on ?

    I have strong proof that I was there on the client site at the time.
    Have you tried a recorded delivery letter (cost 70p ish) threatening them with legal action if they don't pay within n days?

    Leave a comment:


  • Agency not paying up at tail end of contract,recommend me an employment law solicitor

    For the last month of my contract the agent hasn't paid me, e-mails I sent them are being avoided and no one is following anything up on their side.

    Could you recommend me an employment law solicitor that can send my agency a formal letter to pay up or if the agency have not billed the client yet to get a move on ?

    I have strong proof that I was there on the client site at the time.
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