Employment agency wont pay coz no signature from client

[Batista230]

Hi

I worked for an employment agency and was sent to one of there sites to do a job.
I filled out a time sheet for this site with times and dates I worked there.
I do not have a signature for this from the client on the time sheet approving this and it is looking more and more likely that I will not be able to get one.

The agency said they will not pay with out this signature
And this is there written reply

The time sheet must bear the correct dates for the days worked, the clients signature for every day worked and your signature on the bottom. Again as set out in your Terms of Engagement for Temporary Workers.

Without this correctly completed original timesheet, as it's a legal claim for pay, I will not pay you.

I no longer have a copy of my contact with the agency so I can not refer to it

What do you think I should do and what are my rights?
Are there any statutory laws that override such a contract?

Thanks in advance

[Kati]

Re: Employment agency wont pay coz no signature from client

tagging [MENTION=77627]Openlaw15[/MENTION]

[Nomoneynoproblem]

Re: Employment agency wont pay coz no signature from client

Hi Batista230

Are you not able to contact the company you work for and ask them to confirm that you actually carried out the hours and then forward this on to the agency. If your agency is refusing to pay you you might have not option but to take legal action against them to recover your loss.


Regards

NMNP

[Openlaw15]

Re: Employment agency wont pay coz no signature from client

Hi

I worked for an employment agency and was sent to one of there sites to do a job.
I filled out a time sheet for this site with times and dates I worked there.
I do not have a signature for this from the client on the time sheet approving this and it is looking more and more likely that I will not be able to get one.

The agency said they will not pay with out this signature
And this is there written reply

The time sheet must bear the correct dates for the days worked, the clients signature for every day worked and your signature on the bottom. Again as set out in your Terms of Engagement for Temporary Workers.

Without this correctly completed original timesheet, as it's a legal claim for pay, I will not pay you.

I no longer have a copy of my contact with the agency so I can not refer to it

What do you think I should do and what are my rights?
Are there any statutory laws that override such a contract?

Thanks in advance

Update: Under the Agency Conduction Regulations (the law), if you have completed the work assignments the agency must pay you. It does not matter whether the client has paid the agency for the work you did for it (client). Putting it another way, you don't need the time sheet signed by the client to be paid by the employment agency. http://www.acas.org.uk/media/pdf/p/r...workers_V2.pdf

In general, you're entitled to be paid the hourly rate as per your contract when you signed it. Agency workers have the same rights now as full-time workers. The agency simply cannot refuse to pay you for hours you have completed. The agency can confirm your hours with their client as the agency will not get paid what their owed if the time sheet is not signed.

[wales01man]

Re: Employment agency wont pay coz no signature from client

Why not go back to the client and ask for time sheet to be signed can see why without signature they will not pay bit like trying to cash an unsigned cheque

[Batista230]

Re: Employment agency wont pay coz no signature from client

I would like to go back to the factory I worked for but they are shut down for holiday at the moment and I am not on best of speaking terms with the manager who assigned me the work and who will pay my agency for this work
I did go down the legal action of sending them a 'notice before court action' email; and there reply to this is what I have stated above
in other words was "Due to our contract we have together we need a signature for the work you have carried out"

Thats a good look openlaw; thanks
I am going to read through it tonight

[Batista230]

Re: Employment agency wont pay coz no signature from client

OK I found what I was looking for in the link and this is my reply to my agency, thanks

Dearxxxx

I am disappointed to hear that you did not reply to my previous email I sent you
But in the mean time I have contacted your customer Tetrad of Preston only to find that the factory is closed down for holidays
I have also found an ACAS guide to "Agency workers know your rights" http://www.acas.org.uk/media/pdf/p/r...workers_V2.pdf
and which I believe it to be Under the Agency Conduction Regulations (the law)

The artical quotes on page 4-5 The conduct regulations ( what you should know)

What an agency can’t do:
Cannot withhold payment of wages to you because of your failure to produce a signed timesheet (but an employment business does have the opportunity to satisfy itself that you have actually worked)

I am happy to submit a timesheet which clearly states the times and days I worked for Tetrad
But I do not believe Under the Agency Conduction Regulations that I have to provided you with a signature from your customer
Unless you are in disrepute of the work I am claiming for; and if I do not hear a reply from you then I will assume that you do not dispute the website link I provided above and you do not dispute the work I am claiming for

Failing your response I will send you a clear copy of the hours I have worked (timesheet) and the expenses I am claiming

Regards yyyyy

[Openlaw15]

Re: Employment agency wont pay coz no signature from client

OK I found what I was looking for in the link and this is my reply to my agency, thanks

Dearxxxx

I am disappointed to hear that you did not reply to my previous email I sent you
But in the mean time I have contacted your customer Tetrad of Preston only to find that the factory is closed down for holidays
I have also found an ACAS guide to "Agency workers know your rights" http://www.acas.org.uk/media/pdf/p/r...workers_V2.pdf
and which I believe it to be Under the Agency Conduction Regulations (the law)

The artical quotes on page 4-5 The conduct regulations ( what you should know)

What an agency can’t do:
Cannot withhold payment of wages to you because of your failure to produce a signed timesheet (but an employment business does have the opportunity to satisfy itself that you have actually worked)

I am happy to submit a timesheet which clearly states the times and days I worked for Tetrad
But I do not believe Under the Agency Conduction Regulations that I have to provided you with a signature from your customer
Unless you are in disrepute of the work I am claiming for; and if I do not hear a reply from you then I will assume that you do not dispute the website link I provided above and you do not dispute the work I am claiming for

Failing your response I will send you a clear copy of the hours I have worked (timesheet) and the expenses I am claiming

Regards yyyyy

Another thing, if you've worked for this agency for 3 months or more, you have the same rights as normal employees.

[Nomoneynoproblem]

Re: Employment agency wont pay coz no signature from client

Another thing, if you've worked for this agency for 3 months or more, you have the same rights as normal employees.

Yor beef is with the Agency as I believe the factory would have paid them. So hunt the agency down they areplaying games with you.

[Batista230]

Re: Employment agency wont pay coz no signature from client

And this is the reply I have just had off the agency
-----





As I explained on the phone last night, you need to get your Timesheet signed.



I have spoke with ACAS already and they have advised that they are the conditions EVERY driver signs the Terms of Engagement has to abide by. NO SIGNATURE NO PAY.



As for the Friday, you were sent home Thursday due to your incapability of completing the work load and therefore DID NOT WORK (again you were sent home Thursday)



Please just get your timesheet signed, as court action will only result in costing yourself money due to the Terms of Engagement you have signed.



It is very straight forward and not complicated, I do not see how you can not understand that you have to have your timesheet signed. You did follow this process with the other Clients.

[Openlaw15]

Re: Employment agency wont pay coz no signature from client

And this is the reply I have just had off the agency
-----




As I explained on the phone last night, you need to get your Timesheet signed.



I have spoke with ACAS already and they have advised that they are the conditions EVERY driver signs the Terms of Engagement has to abide by. NO SIGNATURE NO PAY.



As for the Friday, you were sent home Thursday due to your incapability of completing the work load and therefore DID NOT WORK (again you were sent home Thursday)



Please just get your timesheet signed, as court action will only result in costing yourself money due to the Terms of Engagement you have signed.



It is very straight forward and not complicated, I do not see how you can not understand that you have to have your timesheet signed. You did follow this process with the other Clients.

Call ACAS yourself, explain your agency situation and cite the Agency Conduct Regulations to them (ACAS), to see what they say. ACAS on: 0300 123 1100 (8am-8pm Monday to Friday and 9am-1pm Saturday). Is there alternatively not any way you can ask the Agency's client to sign the work sheet? Did you complete any of the day, ie any work load? What time did the client send you home? Why couldn't you complete the work load? Were you told in advance about the work required from your agency before you went to work for this particular client?

[JulieM]

Re: Employment agency wont pay coz no signature from client

How long ago was the work? I get the feeling it was recent , if so I don't think you have done yourself any favours by sending an email threatening legal action.

Also from something the agency have said, are you trying to claim the Friday? Claiming for work not done might be a little counterproductive.

How much longer is the firm shut for , I understand the problem of not being paid but I also see the situation the agency is in, no signature and no one available to confirm if you worked.

[R0b]

Re: Employment agency wont pay coz no signature from client

At the end of the day if you turned up for work then by law the agency cannot refuse to pay you if you have t signed the time sheet. There is nothing wrong with them chasing up the employer to confirm you worked those days it just sounds like they're being awkward.

They can only delay payment for a reasonable period of time and if they continue to fail to pay you then you can bring proceedings against them.

In fact the government website confirms your entitled to payment even if you have not recorded the hours on the time sheet! So for them to refuse because you failed to comply with the terms agreed is irrelevant, you agreed to work the hours, you did so and therefore entitled to the appropriate remuneration.

[Batista230]

Re: Employment agency wont pay coz no signature from client

Update: Under the Agency Conduction Regulations (the law), if you have completed the work assignments the agency must pay you. It does not matter whether the client has paid the agency for the work you did for it (client). Putting it another way, you don't need the time sheet signed by the client to be paid by the employment agency. http://www.acas.org.uk/media/pdf/p/r...workers_V2.pdf

In general, you're entitled to be paid the hourly rate as per your contract when you signed it. Agency workers have the same rights now as full-time workers. The agency simply cannot refuse to pay you for hours you have completed. The agency can confirm your hours with their client as the agency will not get paid what their owed if the time sheet is not signed.

So in the time I last posted I have gone down the county court business centre route and filed a claim against them
The agency has now filed a defense (or now the defendant)
In there defense and counter claim form they have included a copy of the contract between them and myself which I have singed and dated on the last page. As highlighted it states
The Temporary worker shall deliver to the Employment Business a time sheet duly completed to indicate the number of hours worked during the preceding week (or such lesser period) and singed by the authorized representing of the Client.

So how dose what I have singed for in the contract coincide with openlaws quote Under the Agency Conduction Regulations (the law)
The article quotes on page 4-5 The conduct regulations ( what you should know)
What an agency can’t do:
Cannot withhold payment of wages to you because of your failure to produce a signed timesheet (but an employment business does have the opportunity to satisfy itself that you have actually worked)

Is there not somewhere in law that says statutory law would override any given contract???

[R0b]

Re: Employment agency wont pay coz no signature from client

I think the legislation you are looking for is the The Conduct of Employment Agencies and EmploymentBusinesses Regulations 2003 -> Link Here

Regulation 12 (page 7) in particular reads about right:

An employment business shall not, in respect of a work-seeker whom it supplies to ahirer, withhold or threaten to withhold from the work-seeker (whether by means of theinclusion of a term in a contract with the work-seeker or otherwise) the whole or any part ofany payment in respect of any work done by the work-seeker on any of the following grounds-:

(a) non-receipt of payment from the hirer in respect of the supply of any service providedby the employment business to the hirer;

(b) the work-seeker’s failure to produce documentary evidence authenticated by the hirerof the fact that the work-seeker has worked during a particular period of time,provided that this provision shall not prevent the employment business fromsatisfying itself by other means that the work-seeker worked for the particular periodin question;

(c) the work-seeker not having worked during any period other than that to which thepayment relates; or

(d) any matter within the control of the employment business.

The regulations are enacted under the Employment Agencies Act 1973, section 13(3) defines employment business as:

the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of supplying persons in the employment of the person carrying on the business, to act for, and under the control of, other persons in any capacity.