What to do when non-payment from end client during last week of working...

I was working for a short five weeks contract doing IT software development. End-client decided that work was not near project completion so terminated contract four days before deadline is due. They refused to pay for last six days worked. Agency of course said that since end-client did not sign the timesheets, therefore they cannot pay into my umbrella company. What should I do? Make small claims? But don't agency have all the protection they need so contractors cannot take them to small claims court? Or am I wasting my time and should simply let it go? I feel very upset. What is the likliehood of success in claiming back hours worked? If I make small claims then I take both the agency and the end-client to court too, as usually the contract is written to be between myself and the agency, but I also see end-client name written too. So at the moment making a lost since bed and breakfast, travel costs etc all out of my own pocket. Does signing the Opt Out form waives my legal rights to sue them?

Thanks David,

The only thing that worries me is the fact that agency said I signed their Opt Out form and that Regulation 12 then does not apply anymore according to the agency. But I also read from forum that there is a difference between signing the Opt Out form BEFORE and AFTER being introduced to the client? Because I signed the form five days into working at clients site? Anyone reading this please help as my head is spinning with trying to :

1. either file small claims, if so how to fill in the interests part.
2. or try to resolve the ADR

But clearly agency and end-client doesnt want to pay.

Hi Sebastian,

We see you have asked the same question over at contractoruk.com.

Unfortunately it is impossible to advise you given that we haven't seen the contract.

The opt in/out question is quite highly specialised and I believe you have already been referred to the relevant topics over on contractoruk.

You need to sit down and look at the contract and ascertain the following:

1. Are you actually opted out? (Refer to the sticky thread on contractor for help with this).
2. Who do you hold the contractual relationship with? (this is generally the agency, but check your contract).
3. Does any clause exist in the contract that allows the agency to withhold funds if the client does not pay?

Once you have answered those questions you should have a better idea on how to proceed.