Not been paid <insert :tantrum: here>

[SimonMac]

For the TL;DR crowd click here

Ok for the first time in 6 years of contracting I haven't been paid when I should have been (other than for stuff that was my own fault, late timesheets etc but I digress), was half expecting it as since day one I haven't been set up on ClientCo's e-Timesheet system, still no access today as I submit week 5 "manually" (ClientCo are saying its a problem with the Agency, Agency are saying its a problem with ClientCo).

Payment terms are 28 days in arrears, weekly payments so this is the first time I should have been paid for week 1 work. I know teething issues happen so not really fussed, yet! If it happens next week I will be making my vocal and advising them if it goes on for a third week I will be withdrawing my services.

At no stage of the process have i opted out, so I am led to believe that if I have a signed timesheet they are obliged to pay me no matter what the situation is at their end, however what constitutes a "signed timesheet", does it need to be physically wet signed, as the adjustment form that has been submitted has neither mine or line managers signature, however I have copies of all emails from line manager to agency when they have been submitted, hopefully this will be enough to get paid if the situation is not resolved.

I guess my question is how much of a fuss to I kick up and when, do I inform them they have breached the contract but make it clear I am prepared to continue working while the issue is resolved, I have told ClientCo there are problems, I am hoping as its their system holding up the process they can put some pressure on the agency to get it resolved.

Now this is where NLUK should be on standby for abuse, it turns out I don't actually have a signed contract for the role, when paper work was being sent back and forth I got their template contract which I forwarded to QDOS for review, the contract had TBC when it comes to Project Schedule, this was detailed in a separate email later, I don't to kick up a fuss and it turns out I have been without any contractual cover!

Enjoy!

[SimonMac]

For the TL;DR crowd:

Agency has missed first due payment as not set up on ClientCo's timesheet system and having to submit them manually, but then again I have been working for 5 weeks without an actual signed contract

[TheFaQQer]

At no stage of the process have i opted out, so I am led to believe that if I have a signed timesheet they are obliged to pay me no matter what the situation is at their end, however what constitutes a "signed timesheet", does it need to be physically wet signed, as the adjustment form that has been submitted has neither mine or line managers signature, however I have copies of all emails from line manager to agency when they have been submitted, hopefully this will be enough to get paid if the situation is not resolved.

If you aren't opted out, then you get paid for the work that you did, so you just need to be able to show that you did the work that you are charging for.

The easiest way to do this would be to have a physically signed timesheet, but as long as you have the evidence that you did the work, then that's all you need. So you have everything you'd need already.

Once this is all sorted out, you have six or seven years that you can still chase for interest and penalties for late payment, if you are so inclined

[SimonMac]

If you aren't opted out, then you get paid for the work that you did, so you just need to be able to show that you did the work that you are charging for.

The easiest way to do this would be to have a physically signed timesheet, but as long as you have the evidence that you did the work, then that's all you need. So you have everything you'd need already.

Once this is all sorted out, you have six or seven years that you can still chase for interest and penalties for late payment, if you are so inclined

I have no doubt its gonna get sorted before we hit the 30 days before I can start thinking about penalties and interest, even with Christmas

[BlueSharp]

Send a late payment reminder to the agent as the account is now overdue asking for payment in the next 7 days.

If no payment in 7 days ask again as second reminder slightly stronger worded and warn them you will withdraw services.

If the after the second period given 36 hours at which point all services will cease and the account will be passed to the debt collectors.

Never had to go to phase 3 yet!