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Contracting Problem?

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    Contracting Problem?

    I Work via an Agency, A, Who has a contract with a Sub Contractor, X, and is paid by Big Company Y.

    I gave notice, which is in my contract with Agency A. But now as the work was not completed at Company Y, subcontractor X will not pay agency A and therefor I wont get paid...what do I have to do to recover the monies?

    I have not broken my contract with Agency A and have no "penalties" claus in my contract, but I am not allowed on the site to complete my work as Subcontractor X is "upset" that I am leaving before the end of my contract in 3 months, so I am unable to complete my notice periord. Subcontractor X will now not pay lasts month hours. Any suggestions?

    Nev

    #2
    As ever, we are not legal types so any advice is worthless.

    1. If you were opted in then the agents has to pay you.
    2. Solicitors letter.
    3. Small claims court (if under 5K)
    I am not qualified to give the above advice!

    The original point and click interface by
    Smith and Wesson.

    Step back, have a think and adjust my own own attitude from time to time

    Comment


      #3
      Originally posted by nevelshute
      I Work via an Agency, A, Who has a contract with a Sub Contractor, X, and is paid by Big Company Y.

      I gave notice, which is in my contract with Agency A. But now as the work was not completed at Company Y, subcontractor X will not pay agency A and therefor I wont get paid...what do I have to do to recover the monies?

      I have not broken my contract with Agency A and have no "penalties" claus in my contract, but I am not allowed on the site to complete my work as Subcontractor X is "upset" that I am leaving before the end of my contract in 3 months, so I am unable to complete my notice periord. Subcontractor X will now not pay lasts month hours. Any suggestions?

      Nev
      If you have signed timesheets from the client stating that they are happy with your performance for the hours/days you are claiming then you're sorted. Start threatening legal shenanagins, that'll make 'em pay up!
      Oh Jesus - Disaster Management Ltd.
      You know you'll need us!

      Comment


        #4
        You have a contract with the agency. Unless it is in the contract: why should the problems that the agency have getting paid by their client affect you?
        Insanity: repeating the same actions, but expecting different results.
        threadeds website, and here's my blog.

        Comment


          #5
          If you are a contractor, this is definitely "grey". You see you can go through the standard reminder,sloicitor's letter etc. But they have a valid reason not to pay, because what you produced doesn't work etc etc. this means the normal "auto-bankruptcy" doesn't necessarily apply (depending on the judge).

          Anyway worth a try..

          But as a contractor you should always try and leave with everything sorted out, handover whatever. As a contractor you carry more liability than simply a normal employee. Of course if you are under IR35 you could try the "I'm simply an employee ruse" , which might work. As a Ltd hmm, migt need a legal process.
          I'm alright Jack

          Comment


            #6
            Originally posted by BlasterBates

            But as a contractor you should always try and leave with everything sorted out, handover whatever. As a contractor you carry more liability than simply a normal employee. Of course if you are under IR35 you could try the "I'm simply an employee ruse" , which might work. As a Ltd hmm, migt need a legal process.


            Yes, but I was escourted off the site when I gave in my notice, which I was told was not allowed as there is no notice period between Agency A and subcontractor,X ...only me and Agency, A.

            Is this like a car pile up...I sue the bolke who runs into my behind, he sues the bolke who hit his...ete?

            Nev

            Comment


              #7
              Originally posted by nevelshute
              Yes, but I was escourted off the site when I gave in my notice
              Escorted

              In one of these?

              Comment


                #8
                Originally posted by nevelshute
                Yes, but I was escourted off the site when I gave in my notice, which I was told was not allowed as there is no notice period between Agency A and subcontractor,X ...only me and Agency, A.

                Is this like a car pile up...I sue the bolke who runs into my behind, he sues the bolke who hit his...ete?

                Nev
                Yep, you will have to go after the agent. Whatever arrangement was made between the agent and the subcontractor is none of your concern.

                Doesn't sound like you've handle your exit very well though, so you can expect some of the ill-will created to manifest itself as an uncooperative agent.

                Comment


                  #9
                  This is where I disagree:

                  "subcontractor X will not pay agency A and therefor I wont get paid"

                  Unless this is specified in your contract, whether agency A gets paid is not your problem. In fact agencies often use the "We pay you even if our client doesn't pay us" argument to justify their 15%. Get a solicitor to check it out.

                  Bon weekend

                  tl

                  Comment

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