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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49821
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have contract with recruitment agency to provide consultancy

Customer Question

I have contract with recruitment agency to provide consultancy services to nhs client. Client refusing to sign timesheet for 15 days in Jan. As a result agency won't pay invoice. I have proved I worked those days. What can I do
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Why are they refusing to sign?
JACUSTOMER-t0fedyao- :

I terminated contract giving notice as per agreed contract. 10 days. Client not happy and so firstly told me not to come into work to serve notice and refused to pay garden leave. Then 5 days later cited there were performance issues. There weren't and never raised before terminated contract. Never raised issues with me or agency.

Ben Jones :

Assuming you have not breached the contract first, you could claim that the other side has acted in breach of contract in these circumstances. You would be able to make a claim for that in the county court if necessary and pursue what you are contractually due. However, you cannot sue the client directly because your contract would have been with the agency (unless there I a direct contract between you and the client). Assuming your only contract is with the agency then you would have to pursue them for the non-payment. It would then be for the agency to pursue the client themselves to get that money back.

As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

  1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

  2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

  3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks