1

I work as a independent contractor for an agency. Employed at one of Energy end-client through yet another consultancy. I am nearing to end of contract & don't want to extend due to not so good working atmosphere.

There was a minor issue in work, viz- my individual Timesheet being sent to personal email. End client's IT dept flagged it as a auto-report.[I sent timesheet instructions to my own personal email. as it was very complicated spreadsheet process and I was not having proof that I submitted the stuff]

But greedy agency is now making a big issue out of it and is threatening me with breach of contract and notice. Also they have clause something like this in the contract- "The Company may at any time terminate this agreement immediately with no liability to make any further payments (other than in respect of any accrued fees or expenses) by notice in writing if at any time:"

So, are they trying to withheald the due payments for work done & approved timesheets by the end client? [Note that- due to super-confidentiality, I won't have access to client timesheet approval mails, once left]

And last couple of month's worth invoice payment is still pending with them, due to longer invoicing cycle.

In deep trouble.

  • 7
    ok, what is your question? – rath Nov 27 '18 at 22:21
  • 3
    If they are refusing to pay it's time to lawyer up. – user1666620 Nov 27 '18 at 22:34
  • 4
    Did you send your own timesheet to someone's personal email, or did someone else send the timesheet to someone's personal email? – Upper_Case Nov 27 '18 at 22:39
  • 2
    This is definitely a legal issue – Victor S Nov 28 '18 at 1:21
  • I sent timesheet instructions to my own personal email. as it was very complicated spreadsheet process – user6176517 Nov 28 '18 at 16:08
4

While you could ask on our sister site about law, it hardly seems worth the trouble. This is utterly egregious. Get yourself lawyer at once.

Most (all?) UK lawyers will offer you a free consultation, and within a few minutes I am sure that they will tell you that you have an open and shut case (if everything is as you told us, and there is nothing more).

My prediction is that they will charge you less than £100 to write a letter to the company, who will then cave in and pay you all that you are due, when they know that you are not a pushover and are willing to defend yourself and have a champion to do so.

If not, then you have to take them to court. If the amount is less than £10k in England & wales (£5k in Scotland and £3k in Northern Ireland), then you can take them to Small Claims Court. The government has plenty of info on-line, as do other consumer sites, like this article from Which, and this one.

While you can represent yourself in small claims court, and this does seem like a very simple case, I personally would not mind paying a layer a few £100 to be sure of winning a few £k owed.

If the disputed amount is over the small claims court limit, then you have to go to court. In the UK it is normal for the winner to be awarded his legal fees, so, if you win, the agency will have to give to give you your back pay, and they will also have to pay your lawyer, so you will not be out of pocket (I am unsure if you would also be awarded your fees for a small claims court win, but it seems likely).

Be sure to get some sort of business lawyer, not divorce or property, obviously – and definitely not one of those injury lawyers who advertise on TV. If you are unsure, just call the nearest and I imagine they will refer you elsewhere if they cannot handle your case.

Finally, and this is entirely optional, if all is as you say, you might feel that others ought to be warned against this agency. You might consider posting a review won GlassDoor and the like.

However, when doing so, one always has to be extremely careful not to slander – and that goes doubly for you, if you annoy them by taking them to court – but a simples statement of facts, like “I had to sue them - successfully – to get my last X months’ pay”, and not “these people are evil, and will rob you”.

But, don’t listen to me about this; while you are talking to the lawyer, ask their advice. Lawyers are naturally cautious & will probably warn you against doing so. If you feel strongly, they will advise you as to wording, but maybe you just want to let it go and put the whole thing behind you. You choice.

Good luck, and please come back and tell us how it turns out.

  • 1
    typo 'won Glassdoor'... ;) – Stese Nov 28 '18 at 10:32
  • Feel free to correct. I am notorious for my typos (+1) – Mawg says reinstate Monica Nov 28 '18 at 10:43
  • 1
    Is there any recommendation for a good business lawyer. Corrupt agency and the hiring manager are teamed up. And determined not to pay – user6176517 Jan 11 '19 at 12:52
  • Lolx! Now, why didn't I think of that? (upvote) – Mawg says reinstate Monica Jan 11 '19 at 18:07
  • 1
    After waiting for few weeks, they finally didn't pay. Should I contact my Limited company liability insurer (from whom I've taken Professional liability & legal protection cover) & ask them to provide the lawyer. Or don't contact them & find the lawyer by myself. Kindly suggest thanks. – user6176517 Feb 1 '19 at 15:41

Not the answer you're looking for? Browse other questions tagged or ask your own question.