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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45391
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am an IT contractor that works on local government contracts

Customer Question

I am an IT contractor that works on local government contracts through a LTD Company and contracting Agency. I have recently moved from one local authority to another and the new contract is with an Agency that I have not previously used. The contract terms say that my limited company is required to submit a weekly timesheet (as is usual) and the contract notice period is one week either way. My submitted timesheets are authorised electronically on line and the Agency produces a self billing invoice. The contract terms state payment monthly, which I presumed to be within 30 days, but I was surprised to receive a remittance advice for 4 weeks timesheets stating that payment for the 4 weekly timesheets submitted for November would not be until the end of December, which would render the first three weeks' timesheets over 30 days old. For the last 19 years I have contracted through various Agencies, and every one has paid weekly in arrears for each timesheet submitted. Do I have any recourse, as a small business? The contract is not a 'caught' contract under IR 35, and I have opted out of the Working Time regulations, the contract is between the Ltd company and the agency.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today.can you tell me the date you stated working for this new agency and the date you submitted your time sheets please.
Customer: replied 1 year ago.
The contract is dated 8th October. I signed it on 14th October and the start date was 15th October 2015. I submitted timesheets on 18th October, 25th October and weekly hereafter. They have all been approved electronically by the Deputy Treasurer of the local authority that I a working for.
Customer: replied 1 year ago.
Timesheets submitted (per the agency's electronic timesheet system) 18/10, 25/10, 1/11, 8/11, 15/11, 22/11, 29/11. All of the timesheets have been approved.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. Whilst I understand your frustration the issue here is that as a contractor you will be bound by the terms of the contract which you have with the employer or agency. So whilst the norm in the past may have been different and the terms under which you have worked may have differed, the employer is free to decide on the terms under which you work with them. So if that means that they require you to receive payment as per their terms I am afraid that you would be bound by them. There is nothing unlawful about the way they have decided those terms to be and they are within their rights to stipulate these specific payment terms. You are free to try negotiating with them and pointing to what your past experiences have been but you cannot force them to accept them. If you do not agree with these terms then you do not have to Work together but if you want their business then it will have to be on the terms provided. So in the end it may come down to a decision on how important your mutual business is. Would they budge on the terms to keep you or will why insist to keep them as they are with the risk of losing you. The same applies to you – do you want to keep the contract under the terms or are they so important to be changed that you are willing to lose the contract as a result. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45391
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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