Contract ended - not getting paid

martindow

phill99 wrote: »

Effectively your contract is illegal under the Unfair Contract Terms Act 1977.


The people you contract to can't use a contract term that states you get paid only when they get paid.


Your contract is with them, not their client.


You now need to send a letter to them stating that unless they pay you within 14 days, action will be started against them. Just ignore the contract term about them not being paid as the court will simply ignore it as it is illegal.

I'm not sure the OP can rely on this act for a B2B contract and the court would be more likely to look closely at the terms of the contract that was signed to come to a decision. Individual consumers have a lot more protection than businesses.

cedrag

martindow wrote: »

I'm not sure the OP can rely on this act for a B2B contract ...

Why not? :huh:

In fact, most terms that were originally included within that Act insofar as they only referred to consumers have now been omitted, as they are now included within the Consumer Rights Act 2015.

cedrag

mickd27 wrote: »

...
Normal paying terms is weekly but they are delayed by 4 weeks from when you work those specific hours. At the moment I should have received all pay up to a month ago. My contract ended 20th of September so I should be only waiting for 1 or 2 more pays and not 8.

If those were the agreed terms, then it would appear your customer is in breach of contract.

One question that you may be posed by a court if you take matters there is why you continued to supply your services to the agency, not just in week 5 (of the 8 week period we are concerned with here), but week 6, week 7 and indeed week 8, when the customer was already seen to not be complying with those terms, particularly in regards to paying you.

badmemory

Do you have proof that the company hasn't paid the agency? There is more than one company here that may be in financial trouble!

mickd27

Yeah I’ve got timesheets stating the hours have been approved but the recruitment agency is waiting for payment.

So basically I got a months notice and in that meeting the boss said that all payments would be sorted out by the time I left. I also went on a couple of holidays around that time so guess my mind was on those. I’m sure I’ve got emails of me chasing up payments aswell.

So one month later from the notice there was 8 payments due and it’s my last day.

mickd27

I found this online...

UCTA will only apply, however, where the parties are entering into the contract on written standard terms of business (section 3(1)). So, UCTA will not apply to negotiated contracts.

Well I did negotiate the rate, that was all.

cedrag

mickd27 wrote: »

I found this online...

UCTA will only apply, however, where the parties are entering into the contract on written standard terms of business (section 3(1)). So, UCTA will not apply to negotiated contracts.

Well I did negotiate the rate, that was all.

3.1 of the act refers to that section only, namely section 3, so in essence, 3.2, not the entire act