Reply to: Agency payments, or not...

[bobsp]

I have tried the email route, they will not accept it, neither do they accept paper/signed timesheets. The only method they do accept is the online method supplied by Unanet. Whilst my PM agrees the days worked, the agency have an agreement with their client they can and must not make payments until the time is electrinica;lly signed off. The guys responsible are still looking into this….
I will have to wait.

Thanks anyway.

[CheeseSlice]

If you have an email from the project manager to the effect that he has authorised your hours, then you could supply it to the agency to shorten the process?

WZS.

I really don't see what the fuss is about here.
You really need to take uncertainty out of the equation by sending the damn approved timesheet to the agent yourself. I have always done it this way. I understand you say it is on a 'system', but this doesn't mean you can't hand write a supplementary timesheet, or even just summarise the days/hours worked in an email, and have your PM/manager reply to it saying one word "Approved".
Forward this email to your agent, and they'll have to pay you.

[Wanderer]

Well my agency have just told me regardless of the 2003 regs, there is an agreement between their client (where I am on site) and themselves that no contractors are to be paid until the timesheet is signed off, so they dont have to pay me until they have the signed timesheet atall.

Write to them thus:

"While My LTD is sympathetic to your difficulties in doing business with the client, My LTD's contract is with your agency and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 section 12(b) makes it clear that my invoices must be paid regardless of the existence of time sheets. Furthermore, My LTD has up to 6 years to enforce it's statutory rights under The Late Payment of Commercial Debts Regulations 2002 to claim penalties and interest (currently 8.5%) on late payments. My LTD will of course make every effort to assist your Agency in getting the timesheets verified, however the ultimate responsibility is with your Agency."

[bobsp]

Well my agency have just told me regardless of the 2003 regs, there is an agreement between their client (where I am on site) and themselves that no contractors are to be paid until the timesheet is signed off, so they dont have to pay me until they have the signed timesheet atall. As it is still unsigned (I have spent hours chasing people HR, project managers in the US) they will still not be paying me.......

[bobsp]

Well they still have not paid, and are saying they are not paying me until they have the completed timesheet. I have sent them the links on the 2003 Regs, They still are adamant they wont pay until t/s is received. They say they have never done before and will not be doing so. Grr....

[Muttley08]

Oh yes, I'm sure it's just an admin cock up but there is nothing wrong with making your terms of business crystal clear to the agent and make sure they understand that you know your rights and will not be dicked around.

Or you p1ss him off and destroy the relationship. Sort it out - its probably an admin issue. Don't let it get personal with the agent. If he's being evasive, and you need to back him into a corner with the email like someone suggested, that sounds a good way of hurrying it up. Don't bring in the heavy guns until you've tried the easy solution first.

[bobsp]

I don't think I am getting carried away. I have been without a contract for a while, and now got a good one, why should these agencies mess people about with payments. I have some financial commitments to catch up with, which I have under control, until things like this happen. It may well be an admin cock up, but not my doing. The agency had plenty of time to sort it out today, but simply wouldn't. Just said I have to sort it out, I did all I could between them and their client, both were blaming each other...
So no I am not getting carried away, their processes need looking at between themselves so this doesn't happen again.
Thanks
Bob

[Wanderer]

Presumably the debt is currently 0-days overdue (i.e. it was meant to be today?). Aren't you (and the OP) getting a little bit carried away with threats for what is most likely a minor admin foul up rather than a grand conspiracy to defraud you of money?

Oh yes, I'm sure it's just an admin cock up but there is nothing wrong with making your terms of business crystal clear to the agent and make sure they understand that you know your rights and will not be dicked around.

[VectraMan]

There is nothing to stop the agency from contacting the client to verify the days worked. I can't see that they have a leg to stand on. I'd be sending them a bill for interest, plus a penalty for late payment and tell them to sort their procedures out and not to try that stunt again.

Presumably the debt is currently 0-days overdue (i.e. it was meant to be today?). Aren't you (and the OP) getting a little bit carried away with threats for what is most likely a minor admin foul up rather than a grand conspiracy to defraud you of money?

[Zippy]

That’s what they are saying, the problem here is I have to submit the hours (well days as I am on a daily rate) online, once I have submitted them I can no longer see them, they goto a project manager for approval, he tells me this is done, so have no idea if the agency have got them, short of calling them every week. They say if they don’t get the notification they simply don’t pay. So this opt in out seems to be a load of sh**. Meaningless.

I have to wait until next Friday now as they only run a payroll once a week…..

Bob

If you have an email from the project manager to the effect that he has authorised your hours, then you could supply it to the agency to shorten the process?

[Wanderer]

Just to be clear the Opt In means the agency cannot refuse to pay you if they haven't been paid themselves, they are perfectly correct not to pay for work they don't know has been done. So I appreciate the OP has a bit of a problem but the regs are not relevant to it.

Oh yes they are! And let's not muddy the waters talking about the agency being paid or not because that is irrelevant (and indeed, not in dispute). The problem is as follows:

I called them to ask why and they told me they do not have a signed timesheet..

The regulations clearly state:

12. An employment business shall not, in respect of a work-seeker whom it supplies to a hirer, withhold or threaten to withhold from the work-seeker (whether by means of the inclusion of a term in a contract with the work-seeker or otherwise) the whole or any part of any payment in respect of any work done by the work-seeker on any of the following grounds—

(b)the work-seeker’s failure to produce documentary evidence authenticated by the hirer of the fact that the work-seeker has worked during a particular period of time

There is nothing to stop the agency from contacting the client to verify the days worked. I can't see that they have a leg to stand on. I'd be sending them a bill for interest, plus a penalty for late payment and tell them to sort their procedures out and not to try that stunt again.

[malvolio]

Just to be clear the Opt In means the agency cannot refuse to pay you if they haven't been paid themselves, they are perfectly correct not to pay for work they don't know has been done. So I appreciate the OP has a bit of a problem but the regs are not relevant to it.

[bobsp]

That’s what they are saying, the problem here is I have to submit the hours (well days as I am on a daily rate) online, once I have submitted them I can no longer see them, they goto a project manager for approval, he tells me this is done, so have no idea if the agency have got them, short of calling them every week. They say if they don’t get the notification they simply don’t pay. So this opt in out seems to be a load of sh**. Meaningless.

I have to wait until next Friday now as they only run a payroll once a week…..

Bob

[Svalbaard]

Opted in or opted out I can't imagine any agency paying you without formal proof that you have done the work you are expecting to be paid for.

Hope you get it sorted.

[bobsp]

Hi,

You are opted in by default, I did not sign the opt out papers therefore an in.

They are still (just got off the phone) saying until they receive a timesheet, they WILL NOT pay me, and it is up to me to ensure theu get it, not them. They claim the legislation states that they have to pay me even if they have not been paid, which they do with everyone. But then say that if they have no signed timesheet, they don’t know if it is correct, did I work 2 days 4 days 5 days etc. Until they get this they don’t even know what to pay me…

I will have to chase this up myself.

Thanks

Bob