unauthorised timesheets & payment dispute

[matlevy]

Hi,

I was placed in a placement by a recruitment company a few months ago and arranged for payment through an umbrella company. i accepted the contract through giant (an umbrella company).

i was working for the end client for a month and then asked for timesheets to be authorised and he refused. the recruitment company is now not paying to the umbrella company and likewise i have not been paid for the work i have done. nothing has been submitted to me in writing yet i have had various reasons over the telephone and getting no where and so i now want to take legal action but dont know who to take it against....

should i be taking action against the agency or the umbrella company? the main reason being i have not recieved anything in writing, was not given any notice regarding the contract, etc etc.

thanks

[oraclesmith]

Are you opted in to the EB regs (ie. if you didn't opt out, you're automatically in) ? If so, you have some protection.

Why are they refusing to sign the timesheets?

[The Farmer]

GIANT won the best umbrella company 2006 as voted for by CUK don't you know!

[Cowboy Bob]

should i be taking action against the agency or the umbrella company?

Neither. You should be taking action against the end client with the use of a Garnishee Order - Google it...

[jh0711]

rot

the umbrella employes you and therefore they are liable for to pay your salary - you may find that all they have to pay is minimum wage for the hours worked and only pay any extra once the funds are recieved from the agency

the big problem is rarely will the brolly really fight the agency for the funds as the brolly needs to keep on good terms with the agency to get more referrals.

agencies normally know this and do use it when they have a client whom does not pay them.

if you are opt ed to the eaa regs then by law the employer needs to pay you at least minimum wage for hours worked each week/month (they cannot withhold payment waiting for the agency/end client to pay them)

[matlevy]

Garnishee Order

-- can u give me more information about the Garnishee Order??

-- on my contract with giant it says WTD status : OPT OUT is this the opt-in/out u were talking about?

-- the end client is saying the work was unacceptable, yet no notice was given for the contract or passed on throught the agency, nothing was brought up until i asked for the timesheets to be signed basically. the guy at the company is just being an arse to be blunt and using it as an excuse he kept me there as long as he could but didnt say anything to me and then turned round and said he isnt going to authorise anything..

[Cowboy Bob]

-- can u give me more information about the Garnishee Order??

A Garnishee Order is where a creditor can go directly after a debtor and bypass any middlemen. You will need to talk to a solicitor about arranging to have one drawn up.

[jh0711]

WTD opt out is working time regulations 1998 opt out - this is to do with the length of your working week not the EAA 2003 regulations

I think this garnishee order is not relevant in this case the company who owes the dosh is the brolly as this is who employs you - there is no agreement between you and end client.... could be wrong though.

[boredsenseless]

A Garnishee Order is where a creditor can go directly after a debtor and bypass any middlemen. You will need to talk to a solicitor about arranging to have one drawn up.

Actually no-one owes him anything, the contract says that invoices will be paid on receipt of an invoice and signed timesheet, he can't provide a signed timesheet therefore he can't be paid. Whether that is correct or not is another matter but as he has no agreement with the end client only the brolly and possibly the agent then he needs to use a solicitor to go after these first, no jufge will ever grant a garnishee order without the requestor having first exhausted all normal options open to him. If he hasn't even threatened to sue the umbrella (his employer) then he can go nowhere.

Thats why I go limited because then I can sue the right person when things go wrong and not just a factoring company.

[tim123]

Actually no-one owes him anything, the contract says that invoices will be paid on receipt of an invoice and signed timesheet, .

You obviously aren't up to speed on "The Conduct of Employment Agencies and Employment Businesses Regulations 2003". Such a clause is void and can be ignored as if it wasn't there.

Payments cannot be dependent upon receipt of a signed timesheet unless the worker is a limited (which he isn't) who has signed the opt out (which he implied he hasn't).

The agency owes him (his brolly) the money whether they get paid or not.

Quite how he enforces his right is another matter.

tim