Can agency refuse paying approved timesheet ???

**HeadOfTesting** · 15 September 2009, 14:47

Tell them that you will consider the unpaid invoice as a debt which you will sell to a debt collector of the un-registered variety.

**weemster** · 15 September 2009, 15:12

Originally posted by Matilda27 View Post

Hi All,

I have a question and hope that you can help me.

My husband is working as a user interface designer through an IT agency who terminated early his 4 weeks contract.
Now they refuse to pay his approved timesheet saying that he was not performing good enough etc. He has about 10 years experience and worked for many known companies so this is just not true!
What is more, 3 days before the termination he wrote an email to the agency about bad treatment from his project manager (shouting, swearing etc.) however the agency did not do anyhing with that.

What we should do now? Timesheet approved was not paid. He worked additional 3 days, but he did not get timesheet approved for that.

Waiting for any advice.

Sadly this may not be worth pursuing even though he has done nothing wrong.

**wurzel** · 15 September 2009, 15:30

To be honest I haven't got a clue but it happened at my current client to one of my ex colleagues. I'm unfortunately no longer in touch so I don't know what the outcome was.

I've just had the chop due to budget cuts and I am worried about this happening to me too as this company is less than scrupulous.

Go and see a lawyer who deals with this sort of thing - you may have to part with a hundred quid or so but at least you'll get a good idea of where you stand & whether or not it's worth progressing. Good luck.

**MrToast** · 15 September 2009, 15:31

I seem to remember a similar question a while back. Try this: http://forums.contractoruk.com/busin...hlight=invoice

**mavster07** · 15 September 2009, 15:49

Claiming invoices

Technically, a signed off timesheet constitutes agreement by the end client that they are satisfied the work has been performed.

Unless there's some clause in the contract that says they can claim costs for some form of breach or poor performance, they have to pay you for time expended.

I would simply tell the agency that unless they pay, you will seek the costs to be awarded by the client directly as they are the end recipient of services and you are the end supplier (it doesn't matter who is in the middle).

If they still baulk, issue them with a demand letter citing contract breach, file the matter in Small Claims Court and have a magistrate resolve it. trust me, it works.

One other step is to go to someone like APSCO and report the agency for breaching the code of conduct. APSCO (or whatever body the agency is associated with) are legally obligated to investigate and resolve such disputes and if unresolved, the member can be disbarred from that agency.

**The Agents View** · 15 September 2009, 15:57

Originally posted by mavster07 View Post

Technically, a signed off timesheet constitutes agreement by the end client that they are satisfied the work has been performed.

Unless there's some clause in the contract that says they can claim costs for some form of breach or poor performance, they have to pay you for time expended.

I would simply tell the agency that unless they pay, you will seek the costs to be awarded by the client directly as they are the end recipient of services and you are the end supplier (it doesn't matter who is in the middle).

If they still baulk, issue them with a demand letter citing contract breach, file the matter in Small Claims Court and have a magistrate resolve it. trust me, it works.

One other step is to go to someone like APSCO and report the agency for breaching the code of conduct. APSCO (or whatever body the agency is associated with) are legally obligated to investigate and resolve such disputes and if unresolved, the member can be disbarred from that agency.

What he said!! A signed timesheet is indeed the legal indication that the client is happy with the work. The agency are pulling a fast one here - small claims court, and don't forget to charge interest and inconvenience - they're banged to rights on this one.

TAV

**Not So Wise** · 16 September 2009, 09:14

Approved timesheet has to be paid unless a really weird contract was agreed to and contractor was properly opted out

If opted in extra 3 days can also be chased without signed timesheet but is a bit trickier as you have to prove you actually worked them

Consult a lawyer and pursue in small claims court, generally in most cases just the summons is enough to get a agency to pay up

**Hex** · 16 September 2009, 12:29

As already mentioned, they will have to pay you for the time you have a signed timesheet for and you've probably got a reasonable case for the other 3 days.

First of all, you must make sure you send an invoice for all of this. Do not worry about what they've said on the telephone etc., send an invoice anyway. If you don't send an invoice and give them a chance to pay then you can't pursue it further as an unpaid debt.

Send then invoice and follow the advice on this site (www.payontime.co.uk) regarding following up the invoice if it is unpaid within 30 days.

If all this fails and you have followed the procedures then you can start a small claims court claim quite simply on-line. It is fairly simple and not really as scary as you would think.

Let us know how you get on, and ask if you're still unsure about anything.

**VectraMan** · 16 September 2009, 14:27

What does it say on the timesheet? All mine from agents have explicitly said something like "I certify that the work was carried out to a satisfactory quality", not that they have a leg to stand on if it doesn't.

They're just trying to bully you into giving up. Don't. There's a few solicitors who'll send a letter for next to nothing. I was impressed with Lovetts.

Can agency refuse paying approved timesheet ???