Bailing on contract early - payment with no signed timesheet

**Contreras** · 19 July 2014, 07:42

Originally posted by paulinefowlersgrowler View Post

What happens if, for whatever reason, client plays funny buggers and refuses to sign last weeks timesheet?

If you've done the work (via agency and not opted out) then you should be paid. If you've done the work (direct, or via agency and opted out) then you should be paid, probably.

1 No signed timesheet: Regulation 12 imposes a restriction, the effect of which is to prevent an agency being able to use as an excuse for non-payment the fact that the client has not signed a time sheet. A contractor will still have to prove (by some means or other) that he has done the work before he is entitled to payment, but an agency can no longer use the fact that the contractor does not have (for whatever reason) a timesheet signed by the client as an excuse for non-payment. Contractual terms which conflict with this principle will no longer be valid.

(As an aside: that's not to say that they were valid before – I've had to deal with this problem on several occasions over the years, and on pretty well every occasion I have succeeded in getting round it by successfully arguing an implied term that the client would not refuse to sign the timesheet without proper cause – but now, the solution is clear cut, and where the regulations apply, there will be less of an upwards struggle).

Opt-in, opt-out?Legal specialist Egos comments :: Contractor UK

HTH

**Andy Hallett** · 19 July 2014, 07:59

The Agency Regulations do not apply if you are direct.

**northernladuk** · 19 July 2014, 12:33

Bailing early and giving the required notice or bailing early and leaving without serving notice as set out in your contract?

**Wanderer** · 19 July 2014, 16:02

Originally posted by paulinefowlersgrowler View Post

After all, imagine this, I tell client I'll give them weeks notice. They go nuts but I stay for the week - at the end they refuse to sign because thery've got an issue with what I did. LEgally Im screwed aint I cos I cant prove I worked that week?

Take a selfie at the client site every day for the last week to prove that you were in there at 09:00 and 17:00 every day? Ahh, there must be 101 ways to prove that you worked that week. In any case, just do it and try to get your timesheet signed off.

As Contreras says, if you don't opt out they they are legally obliged to pay you even if you can't produce a timesheet though they may delay payment while they verify that you worked those days.

**paulinefowlersgrowler** · 19 July 2014, 22:01

Originally posted by northernladuk View Post

Bailing early and giving the required notice or bailing early and leaving without serving notice as set out in your contract?

Early and not giving the entire notice.

**paulinefowlersgrowler** · 19 July 2014, 22:03

Originally posted by Wanderer View Post

Take a selfie at the client site every day for the last week to prove that you were in there at 09:00 and 17:00 every day? Ahh, there must be 101 ways to prove that you worked that week. In any case, just do it and try to get your timesheet signed off.

As Contreras says, if you don't opt out they they are legally obliged to pay you even if you can't produce a timesheet though they may delay payment while they verify that you worked those days.

My situation is via agency and not opted out. But surely no timesheet means, in effect, I have no proof I was there.

I understand that if I breach contract by leaving early they would have an issue. But surely this does not mean they can automatically withhold payment? Its two separate issues - pay me as per contract, and if you see fit, take me to court for leaving early

**Contreras** · 20 July 2014, 07:54

Originally posted by paulinefowlersgrowler View Post

My situation is via agency and not opted out. But surely no timesheet means, in effect, I have no proof I was there.

I understand that if I breach contract by leaving early they would have an issue. But surely this does not mean they can automatically withhold payment? Its two separate issues - pay me as per contract, and if you see fit, take me to court for leaving early

It seems that you are planning to deliberately antagonise the local manager or other people you have "issues" with.

Suggestion: keep a cool head, avoid conflicts in the last week, and effect a useful *documented* handover of any work.

As to the question - If via agency and not opted out then yes it is two separate issues (although the agency might like to think otherwise).

Starting position can be simply that you *were* on site and that it's up to the agent to establish that with the client. Saying "oh but there's no timesheet" is not good enough. Here's the invoice, pay up now, or pay up later with costs + interest.

Proof? Will the client deny, or have no knowledge, that you attended on-site? I somehow doubt it, when push comes to shove.

* see how the bolded bits tie up nicely?

**ASB** · 20 July 2014, 08:32

Originally posted by paulinefowlersgrowler View Post

My situation is via agency and not opted out. But surely no timesheet means, in effect, I have no proof I was there.

I understand that if I breach contract by leaving early they would have an issue. But surely this does not mean they can automatically withhold payment? Its two separate issues - pay me as per contract, and if you see fit, take me to court for leaving early

You are right. Strictly is is two seperate issues.

All you are evidencing is that the client may choose to behave in exactly the same way as you - I.e. ignore the contract and say "sue me".

You are simply bleating "foul".

You have made the choice to breach; yet you expect the client to behave with total honour.

**paulinefowlersgrowler** · 20 July 2014, 09:09

Fair point. But trying not to antagonise anyone....

Few weeks left now and Im being chased for something else. No intention of renewing where I am so dont want to miss out on this new one.

Bailing on contract early - payment with no signed timesheet