End client refusing to authorise final timesheet

[garethevans1986]

All,

Before I get in touch with my solicitor I was wondering if anybody has had anything similar before.

I finished my contract last week (natural end), I worked 5 days, 4 on site and 1 remote. I submitted a timesheet for 5 days on Friday morning and sat next to the fella causing the grief below.

The end client won't authorise the timesheet as "I didnt get his permission to work remotely that week.", my contract says I have "reasonable autonomy" meaning I can delivery my services how I like and from where I like (C & D?) as long as the quality is consistent and the job gets done. There is also a clause in the contract that says the contract does not indicate an employee/employer relationship.

I pointed out that I don't need permission to work remotely and they've authorised timesheets before when I have.

Agent has been as much use as an ashtray on a motorbike and I found out today that she is on annual leave until the new year so has left with this brewing.

I opted out and my contract states I need a timesheet signed/authorised before I get paid.

Anybody had anything similar before and managed to get it sorted?

Thanks

[northernladuk]

The end client won't authorise the timesheet as "I didnt get his permission to work remotely that week.", my contract says I have "reasonable autonomy" meaning I can delivery my services how I like and from where I like (C & D?) as long as the quality is consistent and the job gets done. There is also a clause in the contract that says the contract does not indicate an employee/employer relationship.

You signed a contract with the term 'reasonable autonomy' in it? Why? That means absolutely nothing and is a recipie for disaster. For a start I'm a contractor and even I think you've got it wrong. What you are describing is complete autonomy to me. The client is going to see it completely differently to the both of us. I'd forget that whole argument as no one will win they think they are right, you think you are. You'll never resolve it so just concentrate on the legals.

What does your contract say about not getting paid if the client doesn't pay?

[WTFH]

OK, so you are contracted through an agency That means they are the ones you need to get legal with, not the end client. If you already know that the person you need to deal with at the agency is away on holiday there's probably no point in hiring a solicitor at this stage - it will just add to your expense and not achieve much.

[garethevans1986]

What does your contract say about not getting paid if the client doesn't pay?

I think this is the relevant clause in the contract:

If <agent name> has reason to believe that the Client may not pay <agent name> its invoices (or parts of them) in relation to the Representative, the Contractor agrees, and shall procure the Representative agrees,
to provide <agent name> and the Client with any reasonable assistance necessary to help obtain such
payment.

I'm speaking to another representative of the agency tommorow so hopefully we can sort something out.

[SueEllen]

You need to start putting things in writing.

Once you have spoken to your agency summarise what was discussed in an email and ask them for clarification of any points. Make sure you CC an agent email address you know that works.

[psychocandy]

but even if you worked 4 days on site and the one remote why are they knocking the whole lot back?

Must admit though - I would probably have avoided working my last day remotely. Asking for client to be a bit suspicious this is.

[Lance]

you are thinking of getting legal over 1 day?
Have a reality check with yourself and get the time sheet signed for 4 days.

[sal]

you are thinking of getting legal over 1 day?
Have a reality check with yourself and get the time sheet signed for 4 days.

^This, nothing to gain from pursuing this.

Next time inform the person signing your timesheets you will be working remotely in advance, if they don't respond you can claim they where informed and silently agreed to that. If they kick a fuss you will be able to sort it out beforehand.

You do realise that the client is not privy to the clauses in your contract with the agency. It's entirely reasonable for them to expect you to work on site only and challenge your timesheet for 5 days.

[Safe Collections]

I think this is the relevant clause in the contract:

If <agent name> has reason to believe that the Client may not pay <agent name> its invoices (or parts of them) in relation to the Representative, the Contractor agrees, and shall procure the Representative agrees,
to provide <agent name> and the Client with any reasonable assistance necessary to help obtain such
payment.

I'm speaking to another representative of the agency tommorow so hopefully we can sort something out.

So what happens when the Op provides reasonable assistance and the invoice still isn't paid? Does the contract have anything further in relation to payment?

[northernladuk]

I think this is the relevant clause in the contract:



I'm speaking to another representative of the agency tommorow so hopefully we can sort something out.

Again.. Reasonable?? Your agents certainly like keeping it unclear don't they.

Did you have the contract checked? I'd be surprised if these meaningless terms weren't picked up. I would have queried it. The idea of the contract is to make these things clear. Not make a mess of any situation.