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temp agency not paying if late invoice

Hi
Is it legal for a temp agency to refuse to pay you for a late invoice that they themselves have been paid for?
Recieved this below:

Dear All


As you are all aware that late invoices will not be paid, we constantly remind you to submit invoices by the 8th of the following month in order for them to be paid on the 25th.


Once again let me remind you that we will not pay late invoices, as we close the previous month off.

It can't be right can it?

Comments

  • andygb
    andygb Posts: 14,646 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I have never come across that, and I think that it would be illegal.
    Name and shame the agency, so that others may avoid them.
    As someone who regularly used to pay temp agencies, we used to pay them about a month in arrears.
  • What makes you think that the agency have been paid for contractors who haven't presented their invoices? That's usually not how it works. Their bill to the employer is generated upon receipt of your charge to them. I suspect it's the employer who is making life difficult when receiving late billing and not the agency.

    Legally, even if you've presented your bill outside their normal payment cycle you have done the work so you are entitled to expect to be paid for it.

    Still, it's not particularly difficult to generate an accurate invoice on time, so why wouldn't you?
  • AP007
    AP007 Posts: 7,109 Forumite
    roundtoit wrote: »
    Hi
    Is it legal for a temp agency to refuse to pay you for a late invoice that they themselves have been paid for?
    Recieved this below:

    Dear All


    As you are all aware that late invoices will not be paid, we constantly remind you to submit invoices by the 8th of the following month in order for them to be paid on the 25th.


    Once again let me remind you that we will not pay late invoices, as we close the previous month off.

    It can't be right can it?
    For you OP to submit an invoice or a time sheet?

    Or is this the employer you are working with has not paid the invoice from the agency?

    Are you an agency worker? Are you being paid??
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • pelirocco
    pelirocco Posts: 8,275 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I dont think there is anything wrong with that. If you have an agreement that you are paid for invoiced work its pretty normal for there to be a cut of date , just as it would be normal if you were employed and hadnt submitted your timesheets on time .
    Vuja De - the feeling you'll be here later
  • scheming_gypsy
    scheming_gypsy Posts: 18,410 Forumite
    That sounds to me that they won't pay them that month.

    cut off date for invoices is 8h of the month, if you hand it in on the 15th of the month it won't get paid till the following month.
  • liney
    liney Posts: 5,121 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 6 November 2013 at 6:24PM
    My interpetation of that is that late invoices will be processed in next month's batch.

    The Agency will not have been paid the work you completed for 30/60 or even 90 days after the fact. They will submit a copy of the signed timesheet with the invoice at the same time as they run the payroll that week or month, so you get paid before they do.

    What do your Terms and Conditions say about invoicing/handing in a timesheet? A company has to close the payroll at some point in order to run reports and invoices, then open the next one, so there has to be a weekly or monthly cut off point for hours in.

    As a temp/contractor, they could go down the route of disciplining you if they can be bothered, or simply replace you if you fail to abide by your Terms and Conditions and keep sending your hours in late.
    "On behalf of teachers, I'd like to dedicate this award to Michael Gove and I mean dedicate in the Anglo Saxon sense which means insert roughly into the anus of." My hero, Mr Steer.
  • sulphate
    sulphate Posts: 1,235 Forumite
    I think it just means that you will not be paid that month, but if you submit after the cut off date you will be paid the following month instead.

    My OH is a peripatetic teacher and they have a similar system.
  • Hi

    No they actually said they will not pay full stop.

    I had another email saying if I get September in by the end of today they will pay it.


    Once again let me remind you that we will not pay late invoices, as we close the previous month off.


    I have never heard of this practise before? I will check tomorrow with the actual employer if they pay the agency before or after we have invoiced. I am pretty sure if it was a matter of them not being paid their agency rate if we don't invoice, they would be hounding us for it as that would effect their income.

    Thanks for all your replies, yes I should get my invoices in on time so it is my fault but I just thought it seemed quite odd to refuse to pay completely.
  • AP007
    AP007 Posts: 7,109 Forumite
    roundtoit wrote: »
    Hi

    No they actually said they will not pay full stop.

    I had another email saying if I get September in by the end of today they will pay it.


    Once again let me remind you that we will not pay late invoices, as we close the previous month off.


    I have never heard of this practise before? I will check tomorrow with the actual employer if they pay the agency before or after we have invoiced. I am pretty sure if it was a matter of them not being paid their agency rate if we don't invoice, they would be hounding us for it as that would effect their income.

    Thanks for all your replies, yes I should get my invoices in on time so it is my fault but I just thought it seemed quite odd to refuse to pay completely.

    You invoice an agency for work you do?

    You haven't been paid and wont be paid?

    Is that right?

    If you are saying that is then that's not right.

    Any accounts team can accrue invoices to reflect in the accounts.

    Id send in a 7 day letter with copies of invoices to be paid by return.
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