Hi,
I've been contacting for over 15 years without issue, however currently have a biggie with agency refusing to pay:
I signed a contract with a leading agency commencing 06/09/17 until the end of the year, end client is global media company - I was returning to them after a break of 2 months between the last contract with them which ended 30/06/17. New contract states 2 weeks notice must be given either way to terminate - so far so standard. The sponsor on the client side was a US IT team, the role was based in London managing their projects Internationally.
When the day came to start, agency couldn't confirm who I should report to onsite in London (for building pass etc). I spent much time on calls with the US sponsors who told me the London team were playing funny buggers and all contractors required an extra approval layer and they were working to resolve.
Long story short I spent a couple of weeks trying and waiting before I gave up, had next to no communication from the agency. By the time I got a new role sorted I lost in the region of 40 days revenue - ouch. I wrote to them stating I want my 2 weeks notice but got this back from the agencies legal team:
· "Payment under the contract is subject to actually providing services. Clause 2.1.2 confirms that payment is conditional on completing and submitting timesheets approved by the client. You did not provide any services and did not submit any approved timesheets.
· Clause 3.5 of the contract confirms we are under no obligation to provide, procure or offer any work to xLtd at any time. This means if the client does not require any services at any point during the contract, xLtd has no right to work/provide services and therefore no right to be paid. "
The point is I burnt time waiting and they acted negligently by not ensuring everything was teed up with the client.
I want to take them to the small claims for the 2 weeks notice, I did expend time, effort and telephone costs talking to the US team to try and move things along, but of course, no services provided and no signed timesheets.
What are my chances do you reckon? I have good email evidence showing agencies lack of responsiveness and general ineptness - but I may have to take it on the chin, in which case, it's important to note that the 2 weeks notice mean sod all in terms of guaranteeing 2 weeks pay - client could simple not sign timesheets if you have those clauses above in your contract and can't prove you delivered anything.
Cheers all
I've been contacting for over 15 years without issue, however currently have a biggie with agency refusing to pay:
I signed a contract with a leading agency commencing 06/09/17 until the end of the year, end client is global media company - I was returning to them after a break of 2 months between the last contract with them which ended 30/06/17. New contract states 2 weeks notice must be given either way to terminate - so far so standard. The sponsor on the client side was a US IT team, the role was based in London managing their projects Internationally.
When the day came to start, agency couldn't confirm who I should report to onsite in London (for building pass etc). I spent much time on calls with the US sponsors who told me the London team were playing funny buggers and all contractors required an extra approval layer and they were working to resolve.
Long story short I spent a couple of weeks trying and waiting before I gave up, had next to no communication from the agency. By the time I got a new role sorted I lost in the region of 40 days revenue - ouch. I wrote to them stating I want my 2 weeks notice but got this back from the agencies legal team:
· "Payment under the contract is subject to actually providing services. Clause 2.1.2 confirms that payment is conditional on completing and submitting timesheets approved by the client. You did not provide any services and did not submit any approved timesheets.
· Clause 3.5 of the contract confirms we are under no obligation to provide, procure or offer any work to xLtd at any time. This means if the client does not require any services at any point during the contract, xLtd has no right to work/provide services and therefore no right to be paid. "
The point is I burnt time waiting and they acted negligently by not ensuring everything was teed up with the client.
I want to take them to the small claims for the 2 weeks notice, I did expend time, effort and telephone costs talking to the US team to try and move things along, but of course, no services provided and no signed timesheets.
What are my chances do you reckon? I have good email evidence showing agencies lack of responsiveness and general ineptness - but I may have to take it on the chin, in which case, it's important to note that the 2 weeks notice mean sod all in terms of guaranteeing 2 weeks pay - client could simple not sign timesheets if you have those clauses above in your contract and can't prove you delivered anything.
Cheers all
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