How do I get paid? Strange situation

[lucyclarityumbrella]

OK with regards to the pay, if the payment is overdue, they have an obligation to make payment to you at minimum wage even if they haven't received funds, so chase them on that.

Secondly it baffles me that they would take you on with such short term contracts - our contract has a minimum of 4 weeks on any assignment, otherwise we cannot comply with our contract of employment with you. You will need to go back and read the contract of employment very closely to see where you stand.

[JonnyCW]

Did you explain the situation to Parasol before you started?

I did three small contracts in rapid succession, and I didn't know there was a problem until I'd finished the first one.

Unfortunately it says in my contract with Parasol that they don't have to pay me until the client pays them. Seems there's nothing I can do.

I expect I can't cancel the first contract I did as it's already been accepted (by me also), but perhaps I can cancel the second too.

What can I do after that though? I still can't invoice the main client. All I can do is go to another umbrella agency, and I expect the same thing will happen again.

[BrilloPad]

Did you explain the situation to Parasol before you started?

[TheFaQQer]

I've since been in touch with Parasol, and they told me that they can't pay me because they haven't been paid by the marketing agency. They also told me that they can't put any new contracts on the system until the marketing agency pays all the money it owes them.

How do they know what is due to them if they don't have the contract on the system?

[VectraMan]

They also told me that they can't put any new contracts on the system until the marketing agency pays all the money it owes them.

That's ridiculous. Kick up a fuss. Maybe you can still take those contracts to a different umbrella.

[original PM]

Parasol are your employer so you need to check their obligations to you as an employee.

If i recall correctly they should be paying you minimum wage for the hours you worked regardless of whether they get paid.

When they get paid by the agency then you should get what is left from that after they have taken their cut and the hours already paid to you at minimum wage (minus holidays, taxes etc as well).

But yes - it is Parasols responsibility to chase the agency for the money and pay you properly.

Their MD's e-mail will probably be on the company website somewhere so go to him/her if you are getting the run around from minions.

[NotAllThere]

Parasol must chase the debt.

[JonnyCW]

I recently did 3 small contracts for a marketing agency (3 days/3 days/1 day). I am not set up as a LTD company, so I had to go through an umbrella agency, Parasol.

The first contract has been processed. I submitted my timesheet and I was supposed to be paid on the 17th, but no payment yet.

The second two contracts haven't been put on the Parasol system yet. That means I can't even submit timesheets, so the umbrella company haven't invoiced the agency.

I've since been in touch with Parasol, and they told me that they can't pay me because they haven't been paid by the marketing agency. They also told me that they can't put any new contracts on the system until the marketing agency pays all the money it owes them.

This leaves me in a difficult position. I can't get paid by from the umbrella agency until the agency pays them. I can't invoice the agency, because they're unable to pay me directly anyway as I'm not LTD company. That means I can't take them to small claims court if they don't pay.

What are my options here? Should I just invoice the agency the anyway so I have some correspondence on file if I have to take legal action later?

Any advice appreciated.