I am the said mate, didnt want to approach the stw massive as I've spent the last two days going through the options with the end client and other contractors in the same boat by Mr Nutt is convinced you'll all have some top secret legal loophole. So…
– Invoice terms are 30 days with the agency, being crap I usually end up getting a few (say 3 weeks) invoices together and then sending them.
– I was due to get paid the 23rd for the last months work, rang em they said yep we'll bacs it to you. No sign of payment, rang them next day no answer.
– We've had loads of late payment problems with them in the past but have got paid eventually, unfortuantely I'm not (or wasn't) in a position to change my agency
So as I understand it, the money that the employer has paid to the agency for the invoices I've raised will go into the agencys pot to be dividied up between creditors with the tax man, customs, agency staff and preferred creditors all seeing a share before I do.
The only possible recourse I can see is for Novembers invoices which I've not invoiced for yet. What happens if I dont invoice them? If/When the company is wound up can I then approach the end client and ask them to pay it? Are they under any obligation or because the contract was with the agency am I stuffed?