4 weeks on agency contract - no timesheet - no invoice - no PO from client to agency

I'm a consultant of Limited Company started a contract with a reputed agency in Midlands for a work with a client in the UK. I'm onsite with client for the past 4 weeks. (all started well)

All paperwork completed between the limited company and the agency (Opt Out btw)

Agency haven't yet created an account for me on the online timesheet system so I'm unable to submit timesheets to the client. I contacted the agency and understood they are still waiting for a Purchase Order from the client! (strange)

I couldn't invoice end of last month as I haven't submitted timesheets. (obvious)

Agency keep saying the client will sort out the PO ASAP and agency will create an account for me on the timesheet system ASAP/end of day etc but it's clearly not hapenning. (frustrating)

Due to an unavoidable personal/family issue I might have to leave the work soon. This will be the first time in my contracting career I leave a contract for my reasons (tulipt happens u know)

So If I leave the contract now giving agreed notice, Can I invoice the agency for all these weeks work having no timesheets in hand? Where I stand legally and practically? Thanks in advance.

[Kugel]

Use your own timesheets. You know, ones made of paper. Print 3 copies - one for client, one for agency and one for yourself. Sign them, ask your client to sign them. Then invoice agency and job done. Simples!

[northernladuk]

You are not gonna get a bean of outstanding money from the agent so make sure you do as Kugel says, get an invoice in and get paid quickly. We get so many people in the same situation that have to leave with three weeks outstanding etc and have a nightmare trying to get their money back. Reduce your risks by invoicing what you have done ASAP.

I contacted the agency and understood they are still waiting for a Purchase Order from the client! (strange)

This is not strange, it's scarey. Check you contract to see if it says anything about not having to pay you if client hasn't paid them.

[blinko]

Also don't forget that the client technically doesn't have any legal involvement with your company.

The contract (should) be between your Ltd co and the agency (ltd co) if you aren't paid you chase the agency not the end client.

[northernladuk]

Also don't forget that the client technically doesn't have any legal involvement with your company.

The contract (should) be between your Ltd co and the agency (ltd co) if you aren't paid you chase the agency not the end client.

You didn't read it properly did you?

[Wanderer]

IAll paperwork completed between the limited company and the agency (Opt Out btw)

Oh well, signing away your statutory rights by opting out was a dumb move wasn't it.

Now you won't get paid without a signed time sheet and the agency don't have to pay you until they have been paid by the client. Both of these terms would not be unenforceable if you hadn't opted out and the agency would still have to pay you. Never mind, you know for next time now don't you....

[NotAllThere]

On the other hand, signing an opt out doesn't necessarily mean you are opted out. (Not tested in court yet though).

[psychocandy]

On the other hand, signing an opt out doesn't necessarily mean you are opted out. (Not tested in court yet though).

Exactly. Did you opt out before or after being intorduced to client?

I'd do what everyone else says and get own timesheet and invoice sorted asap.