Contract for services

[Brown2110]

My Agency is useless. Non communicative. Don’t let me know that invoices can’t be paid. Don’t reply to general queries such as a copy of contract. Just shoddy. Anyway.

Was with PayStream umbrella but want to change. Registered with Gateway and they contacted my agency for a contract for services 20th December.
My contact at the Agency ignores me and the umbrella.

I’m currently not getting paid for work due to this.

Who is at fault here? Who can I take to an employment tribunal for breach of contract, deduction of wages?

Went through this last year when I went from ltd to umbrella (ir35 scope) a new contract for services took 5 weeks to set up.

My contract says that the employment business (work) is to pay the consultancy (umbrella)

Would that mean I’m now to chase money from work?
Should it take this long really!?

I don’t want to burn bridges but at the same time I want to get paid! 11 months left of contracting for this shoddy outfit thankfully.

[WTFH]

Have you left Paystream already?
If not, you should be chasing them for payment.

If you have already left Paystream, but Gateway don’t have a contract with your agent, then you need to chase your agent.

Who is at fault? Well, we’ll know better with the answer to the question.
Who can you take to an employment tribunal? Again, it depends who you are contracted to.
It may also be worth considering that if you are asking an agent for a new contract having got them to draw up two already, they may feel that their time is being wasted, that you’ll stick to Gateway for 3 months, then hop to someone else.

[Brown2110]

Have you left Paystream already?
If not, you should be chasing them for payment.

If you have already left Paystream, but Gateway don’t have a contract with your agent, then you need to chase your agent.

Who is at fault? Well, we’ll know better with the answer to the question.
Who can you take to an employment tribunal? Again, it depends who you are contracted to.
It may also be worth considering that if you are asking an agent for a new contract having got them to draw up two already, they may feel that their time is being wasted, that you’ll stick to Gateway for 3 months, then hop to someone else.

My contract ran out with PayStream. Agency will no longer use them either. I’ve always been with them but paystream asked me to go ltd from brolly. They’d set me up on ltd before I’d got my ir35 review back. so had to switch back to brolly.
It took the agency 5 weeks to write a contract for services February last year.
I will add that its not me that just has issues. My work place are about to arrange mediation between its contractors and the agency as there’s so many problems.

[northernladuk]

My contract ran out with PayStream. Agency will no longer use them either. I’ve always been with them but paystream asked me to go ltd from brolly. They’d set me up on ltd before I’d got my ir35 review back. so had to switch back to brolly.
It took the agency 5 weeks to get paid after that February last year.
I will add that its not me that just has issues. My work place are about to arrange mediation between its contractors and the agency as there’s so many problems.

You need to make a very clear distinction and understand all people in the chain and their relationships. That will help you understand who is contracted to who and where responsibilities lie.

You are contracted to the brolly and they have a contract with the agency. It's really up to the brolly to chase their money. They can then pay you. If the brolly is not being paid as per contract the umbrella should be threatening them with breach and interest on late payments. Because the agent has no obligation to you directly they are less likely to respond to you.

Put a lot of pressure on the brolly. They are contractually obliged to manage you. If they aren't don't that then get shirty. They will complain about the agency but that is their problem. Make sure they step up.

If all the proper routes fail I think about having a word with your client and point out the poor actions of your agency are making the position with them untenable. Hopefully they will apply pressure from their side and the agent will sit up and take notice. If it's your client that's the weak link then you might have to think whether you leave or not.

[Brown2110]

You need to make a very clear distinction and understand all people in the chain and their relationships. That will help you understand who is contracted to who and where responsibilities lie.

You are contracted to the brolly and they have a contract with the agency. It's really up to the brolly to chase their money. They can then pay you. If the brolly is not being paid as per contract the umbrella should be threatening them with breach and interest on late payments. Because the agent has no obligation to you directly they are less likely to respond to you.

Put a lot of pressure on the brolly. They are contractually obliged to manage you. If they aren't don't that then get shirty. They will complain about the agency but that is their problem. Make sure they step up.

If all the proper routes fail I think about having a word with your client and point out the poor actions of your agency are making the position with them untenable. Hopefully they will apply pressure from their side and the agent will sit up and take notice. If it's your client that's the weak link then you might have to think whether you leave or not.

Thanks for the reply. Had to edit my last comment for clarity.
The client is of no fault. I’ll be going perm with these for 2020. It’s a dream to work for them but unfortunately the only route in was to be a contractor first.

There is no contract in place between brolly and agency. This was requested 20th December. But the agency don’t seem to be pulling their finger out. It takes half hour.

Your last paragraph somes up the sensible route I should/will take, and I can imagine the agency wouldn’t want to lose the client, as it’s a global one and the agency have only been used for a year.
Thankfully us contractors have a good relationship with the client and are treated like actual employees.

Was just looking for just some extra clout.

[northernladuk]

Thankfully us contractors have a good relationship with the client and are treated like actual employees.
.

So you aren't contractors then. You are disguised employees. Sounds like the client really needs to get a grip. It might suit you but it sounds like the type of client we don't want anymore. Public sector I am assuming.

[Brown2110]

So you aren't contractors then. You are disguised employees. Sounds like the client really needs to get a grip. It might suit you but it sounds like the type of client we don't want anymore. Public sector I am assuming.

And being a disguised employee is the reason why I couldn’t and didn’t want to work under a ltd although paystream push for that and many disguised employees operate under ltd but fall within IR35. But that’s not my business.

I don’t think the client knows how deep the hole goes. The agency are a new agency. They changed the agency they used due to their head office moving to Europe. Before I started it was agency workers with PAYE. This new outfit just shed us of our workers rights. Remove their responsibility and profit off us. The new agency was one with the relevant security clearance and local.

There is a meeting in the pipeline as many are unhappy with the agency’s conduct.

[simormis]

PAYSTREAM

Paystream have managed my corporate taxes and have made a complete disaster of them. First they file me for VAT when I requested them not to. They filed my corporate taxes late. They caused bank penalties. The initial agreement was they would throw in personal taxes - but my error in not getting this in writing now they won't agree - when they do one thing they don't look at the entire picture and the ramifications as you would expect. I would expect this type of support from bookeepers - The level of service is very bad and they provide no proactive advise which has cost me money and errors and constant confusing emails.

[northernladuk]

Paystream have managed my corporate taxes and have made a complete disaster of them. First they file me for VAT when I requested them not to. They filed my corporate taxes late. They caused bank penalties. The initial agreement was they would throw in personal taxes - but my error in not getting this in writing now they won't agree - when they do one thing they don't look at the entire picture and the ramifications as you would expect. I would expect this type of support from bookeepers - The level of service is very bad and they provide no proactive advise which has cost me money and errors and constant confusing emails.

Why did you not want them to register you for VAT. Most services throw in a directors personal returns but only after a full year of fees.

[webberg]

There is a message here for all contractors.

It is no longer acceptable that you are a counter in a game played by end clients, intermediaries and others.

Tax and employment rules in place now or coming into force next year, but probably impacting contracts entered into this year, are designed to remove from YOU many critical decisions.

Primary amongst these is your status inside or outside IR35.

Decision is (or will be) made by the end client and liability assumed by the fee payer.

We have already seen (and resisted) attempts from both to pass on the liability to contractors.

However unless YOU take control of YOUR circumstances, YOU will be seen as fair game by end clients and intermediaries.