Who to pursue for unpaid time when working via an umbrella?

[northernladuk]

There were no handbags. It was just a usual NLUK IR35 thread.

Oi.. Watch it sonny!!

[LondonManc]

Oi.. Watch it sonny!!

Absolutely.

[Mercury]

Thanks all. (No,Sal, I'm not 12...)


The point is, as I see it, that I worked hours (some off-site) in a particular week. My line manager was aware of this. As it turned out, the senior management subsequently said this was not allowed for contractors- fair enough, but I wasn't aware of that at the time.

So having a timesheet refused if because I had a contract stating all hours were to be worked on site would be fair enough. Having it refused retrospectively is not. To me, as a professional, signing and submitting a timesheet then having it refused on the basis that the client isn't sure that I actually worked the hours, is more or less saying I'm submitting a false timesheet, which is pretty serious.

[LondonManc]

Thanks all. (No,Sal, I'm not 12...)


The point is, as I see it, that I worked hours (some off-site) in a particular week. My line manager was aware of this. As it turned out, the senior management subsequently said this was not allowed for contractors- fair enough, but I wasn't aware of that at the time.

So having a timesheet refused if because I had a contract stating all hours were to be worked on site would be fair enough. Having it refused retrospectively is not. To me, as a professional, signing and submitting a timesheet then having it refused on the basis that the client isn't sure that I actually worked the hours, is more or less saying I'm submitting a false timesheet, which is pretty serious.

So you've binned the contract off due to a communication failure?

[Mercury]

So you've binned the contract off due to a communication failure?

No, and maybe I was being OTT, but when I submit a timesheet I expect it to be approved without question. Is that naive? The minute they questioned my honesty, that was it. The question now I guess, is do I stand my ground and go all the way to court, or just drop it? At the end of the day, they put my integrity into question.

[WTFH]

It turns out that this particular client allows permanent staff to work from home at will, but doesn't like contractors doing the same.

OK, so you worked from home and they didn't want you to.


Did your contract specifically state that you could work from home?
Did you discuss working from home with those who sign your timesheets prior to doing it?
How many days did you work from home, and how long was the contract?

So, by refusing to sign off the timesheet, they are effectively accusing me of fraud, but will not say as much.

No, they are accusing you of working from home when they didn't want you to. That's not accusing you of fraud.

To me, as a professional, signing and submitting a timesheet then having it refused on the basis that the client isn't sure that I actually worked the hours, is more or less saying I'm submitting a false timesheet, which is pretty serious.

No, they are accusing you of working from home when they didn't want you to. That's not saying you submitted a false timesheet.

The minute they questioned my honesty, that was it.

No, they are accusing you of working from home when they didn't want you to. That's not questioning your honesty.

[MrMarkyMark]

No, and maybe I was being OTT, but when I submit a timesheet I expect it to be approved without question. Is that naive? The minute they questioned my honesty, that was it. The question now I guess, is do I stand my ground and go all the way to court, or just drop it? At the end of the day, they put my integrity into question.

Well, things don't always turn out how we expect .

I still think there is more to it than you are actually telling us, there usually is in cases like this.

[Mercury]

Well, things don't always turn out how we expect .

I still think there is more to it than you are actually telling us, there usually is in cases like this.

Nope- it's as simple as I've said. There was a genuine misunderstanding about off-site working, but it was only a few days, and during that time my line manager emailed me while I was off-site, thereby reinforcing the assumption that it was normal practice. I did not sign any contract as I was working via an umbrella.

[Mercury]

OK, so you worked from home and they didn't want you to.


Did your contract specifically state that you could work from home?

There was no contract as I was working via an umbrella.

Did you discuss working from home with those who sign your timesheets prior to doing it?

This part is tricky. I said that when the team was on leave, I'll work from home- I was provided with a laptop with secure remote access facilities, and management were aware I was working at home on the days in question.

How many days did you work from home, and how long was the contract? 3 days. Six month contract.




No, they are accusing you of working from home when they didn't want you to. That's not accusing you of fraud. I disagree, refusing to agree my hours is de-facto accusing me of bulltulipting.





No, they are accusing you of working from home when they didn't want you to. That's not saying you submitted a false timesheet. Whats the difference?

[sal]

No, and maybe I was being OTT, but when I submit a timesheet I expect it to be approved without question. Is that naive? The minute they questioned my honesty, that was it. The question now I guess, is do I stand my ground and go all the way to court, or just drop it? At the end of the day, they put my integrity into question.

Thanks all. (No,Sal, I'm not 12...)

You surely act like one. Just because you want something doesn't mean you will get it. Acting as a spoiled brat dropping a contract for what looks like a simple miscommunication is not going to get you far in the contracting world.

ClientCo is not accusing you of fraud, they questioning the amount of work you want to invoice for. Simple client/supplier dispute. Overreaction and throwing fraud accusations and law suit threats around without even a simple understanding of your situation is not helping your cause.

If your line manager was aware that you were working from home at that time AND was OK with it, but he was overruled by a higher level manager on your time sheets, the wise thing to do is work it out with your line manager.

BTW, do you threaten to sue the ticket inspector in the train for "questioning your integrity" when he asks you for your ticket? Surely if you boarded the train you have one...