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Timesheets - pre authorised work clawback

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    Timesheets - pre authorised work clawback

    Hi,

    I am after some advise. I have recently finished working for a Govt client via an agency (who deals with CL1 framework). When I left the manager didnt authorise my timesheets as I left on a short notice (but still more than what I was contractually obliged to provide) which she took personally.

    Issue is that after 2 weeks of numerous escalations and frustration she has signed off timesheets but told the framework who have in turn told the agency to clawback 2 days' worth of payment. Agency have come back to me and said they would like to claim it back of me. I am really disappointed at that as she authorised them days herself in August and now she wants to claim them back.

    Agency in turn is adamant and suggesting that i readjust those two days via the timesheets that were authorised (as above) and not yet paid. Looks like i am being taken for a ride.

    Could some one please, kindly suggest my options and rights. I will appreciate it very much.

    #2
    Here's some adviCe...

    If they were authorised then they should be paid.

    IANAL
    Blood in your poo

    Comment


      #3
      Originally posted by Sausage Surprise View Post
      Here's some adviCe...

      If they were authorised then they should be paid.

      IANAL
      Thanks very much but just to be clear they were paid in August and now they are trying to claw back what they authorised and paid in August.

      Comment


        #4
        Tell them to poke it. You have an authorised, approved timesheet from the person who has the authority to grant payment.

        If you didn't opt out, then your case becomes even stronger since you can show you did the work and therefore must be paid.

        If they don't pay, then sue.
        Best Forum Advisor 2014
        Work in the public sector? You can read my FAQ here
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        Comment


          #5
          Originally posted by Hotlatte View Post
          Thanks very much but just to be clear they were paid in August and now they are trying to claw back what they authorised and paid in August.
          If they've already paid, then ignore request for repayment (I've blocked an agent's number in the past for similar)
          Your contract was with the agency and I assume was a on a "signed timesheet means payment" basis.
          The agent is trying it on - you've done nothing wrong as far as I can see.
          Blood in your poo

          Comment


            #6
            Thanks I feel much better now - the only concern is that they have now got 4 of my timesheet and they can potentially try and use that against me to force me into repaying those two days.

            Comment


              #7
              Originally posted by Hotlatte View Post
              Thanks I feel much better now - the only concern is that they have now got 4 of my timesheet and they can potentially try and use that against me to force me into repaying those two days.
              ???
              Blood in your poo

              Comment


                #8
                Originally posted by Sausage Surprise View Post
                ???
                sorry pressed enter by error - basically 4 timesheets that the manager was not authorising which are now signed off are now with the agency payroll and I am thinking the agency can potentially hold those back and delay my payments until I agree to pay them two days back that were authorised and paid well back in August

                Comment


                  #9
                  Legally they don't have a leg to stand on, it's all in writing.. In reality possession is 9/10ths the law so it's up to you how much time and effort you are going to put in to chasing this. It's going to cost you £100 to get a solicitors letter to them to show you mean business and they will just call your bluff etc etc.

                  IMO, what everyone says is technically correct. The reality of the situation is you may have to draw a line where you are willing to to write the two days off for the sake of the hassle and move on. It's all up to your appetite for a fight and the time, cost and stress of doing so. It's different for everyone.

                  That said I'd be all over this like a rash and drag it on for years if I had to 'cause I am like that... The reason I didn't give that advice is because I didn't need to ask on a forum what to do... if that makes sense.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    Originally posted by northernladuk View Post
                    Legally they don't have a leg to stand on, it's all in writing.. In reality possession is 9/10ths the law so it's up to you how much time and effort you are going to put in to chasing this. It's going to cost you £100 to get a solicitors letter to them to show you mean business and they will just call your bluff.

                    IMO, what everyone says is technically correct. The reality of the situation is you are probably going to have to write the two days off for the sake of the hassle and move on.

                    It's all up to your appetite for a fight and the time, cost and stress of doing so. It's different for everyone.

                    That said I'd be all over this like a rash and drag it on for years if I had to 'cause I am like that... The reason I didn't give that advice is because I didn't need to ask on a forum what to do... if that makes sense.
                    Agreed - already went through so much and would much prefer to close this down and move on. On the other hands my heart says that I worked hard for those days and looks like bigger fishes are trying crush the smaller fish as in myself which is totally unfair and if i dont stand up another colleague would one day face the same pain. Though you are so right

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