Help please

[MisterMan]

Hello

I am in need of some advice please.

I recently finished working at an agency and presented them with my last invoice two weeks ago with the amount required for my last months work. During my initial interview we agreed to a day rate of £385 per day and never discussed an hourly rate and started the agreement over 10 months ago. As far as I see it, when someone agrees to a day rate then they book you for a day and pay for the day regardless of what they get you to do.

I was told that I had to wait until they rechecked all previous invoices for the last 10 months to ensure that I had not been over or underpaid.

They emailed me today saying that I have invoiced too many hours on my invoices during the last 10 months and that the amount I invoiced doesn't align with their internal timesheet system that I had filled in.

I informed them that their internal timesheet system, filled in by myself was for their records only and that I had been honest a put down the hours assigned to each client and the work I did for each client so they could calculate the cost to their client exactly, what I didn’t put down was toilet or tea breaks or down time waiting for meetings etc as this was not an option on their internal time sheet system - this time not assigned adds up to roughly 30 minutes per day.

With the agency disputing my invoices I have a number of questions.

When I first started the contract I invoiced monthly and each invoice was paid so where does the law stand with the employer now going back through my invoices to recalculate them?

By paying the invoices, doesn’t that mean that they have agreed to my times as submitted?

We agreed to a day rate and I attended their office everyday as requested. I submitted on average 7.5 hours per day to their internal timesheet system, some days I would only add 6 or 7 hours due to down time and breaks etc; they are now disputing these times saying that as the hours worked do not added up to 8 hours per day that as I didn’t work 8 hours per day and that they want to pay me per hour.

When I invoiced them worked out per hour and split into days based on 8 hours per day, should I have done this? Does this affect my standing in this?

Where does the law stand with them now trying to change my day rate to an hourly rate?

As they are now challenging my invoices, can I now challenge them and recalculate every day I entered their office at £385 per day regardless of the amount of hours worked as they booked me per day?

I gave them two weeks verbal notice of me leaving to take on another contract as I wanted to give them time to replace me. we agreed that I would work the time out. A few days later they told me to leave that day by noon. Can I legally charge them the rest of that day and the remaining one and a half weeks that they allowed me to go early?

Many thanks

[Batcher]

Hello

I am in need of some advice please.

I recently finished working at an agency and presented them with my last invoice two weeks ago with the amount required for my last months work. During my initial interview we agreed to a day rate of £385 per day and never discussed an hourly rate and started the agreement over 10 months ago. As far as I see it, when someone agrees to a day rate then they book you for a day and pay for the day regardless of what they get you to do.

I was told that I had to wait until they rechecked all previous invoices for the last 10 months to ensure that I had not been over or underpaid.

They emailed me today saying that I have invoiced too many hours on my invoices during the last 10 months and that the amount I invoiced doesn't align with their internal timesheet system that I had filled in.

I informed them that their internal timesheet system, filled in by myself was for their records only and that I had been honest a put down the hours assigned to each client and the work I did for each client so they could calculate the cost to their client exactly, what I didn’t put down was toilet or tea breaks or down time waiting for meetings etc as this was not an option on their internal time sheet system - this time not assigned adds up to roughly 30 minutes per day.

With the agency disputing my invoices I have a number of questions.

When I first started the contract I invoiced monthly and each invoice was paid so where does the law stand with the employer now going back through my invoices to recalculate them?

By paying the invoices, doesn’t that mean that they have agreed to my times as submitted?

We agreed to a day rate and I attended their office everyday as requested. I submitted on average 7.5 hours per day to their internal timesheet system, some days I would only add 6 or 7 hours due to down time and breaks etc; they are now disputing these times saying that as the hours worked do not added up to 8 hours per day that as I didn’t work 8 hours per day and that they want to pay me per hour.

When I invoiced them worked out per hour and split into days based on 8 hours per day, should I have done this? Does this affect my standing in this?

Where does the law stand with them now trying to change my day rate to an hourly rate?

As they are now challenging my invoices, can I now challenge them and recalculate every day I entered their office at £385 per day regardless of the amount of hours worked as they booked me per day?

I gave them two weeks verbal notice of me leaving to take on another contract as I wanted to give them time to replace me. we agreed that I would work the time out. A few days later they told me to leave that day by noon. Can I legally charge them the rest of that day and the remaining one and a half weeks that they allowed me to go early?

Many thanks

What does your contract say ?

[TheCyclingProgrammer]

IANAL but as far as I'm concerned:

* If you're paid a daily rate, then you are entitled to be paid for each day you work regardless of hours UNLESS your contract stipulates that a day is X hours minimum.

* If the contract does state this then does the client have evidence that you have not been doing this minimum amount? Was it agreed which system would be used for time tracking for billing purposes? If the contract did not say and it was agreed that their internal system was used for tracking time for their own internal purposes and you've been tracking your own time, did you submit your own timesheet/report along with each invoice? Was there an agreement for timesheets to be signed off?

* If so, have the timesheets been signed off?

In short, if you agreed to track your own time, have timesheets signed off by the client, have invoiced them and they have paid then I don't see how they can turn around now and say that you've been over-charging them unless they have evidence of this. If their checks uncovered a genuine error in your billings then they would have every right to query it and request a credit note/refund.

If they want to pay you on an hourly basis then thats a negotiation between you and them going forwards but they can't suddenly change their mind and apply it retrospectively to your billing.

Regarding your notice period that was cut short - for the half day you were on site I'd be inclined to charge them a full day but if you're feeling generous you can bill them for half a day. You shouldn't bill them for the days you didn't work.

Assuming all your invoices have been paid to date, then I'd stick my final invoice in for your outstanding days and leave it at that. If they don't pay, then you can proceed with action against them. If they want to dispute your previous billings legally then let them - but I don't think they will get very far.

[TheFaQQer]

As far as I see it, when someone agrees to a day rate then they book you for a day and pay for the day regardless of what they get you to do.

That is correct. Unless the contract says anything differently (eg. "any days billed at less than 8 hours per day will be chargeable at a rate of £48.13 ah hour" or similar).

I was told that I had to wait until they rechecked all previous invoices for the last 10 months to ensure that I had not been over or underpaid.

Nope - if they are paying late, then make sure you hit them with the right penalties and interest rate as per payontime.co.uk

When I first started the contract I invoiced monthly and each invoice was paid so where does the law stand with the employer now going back through my invoices to recalculate them?

They are allowed to go through them and check that the invoices are correct - if you had mistakenly added an extra week in or a few days, then they would be in their right to ask for their overpayment back.

By paying the invoices, doesn’t that mean that they have agreed to my times as submitted?

No. Unless you have explicitly made this part of the contract and your invoicing terms. Accidents happen, and sometimes things get approved which shouldn't. However, you cannot rely on the line of "you paid it so you accept it" unless you have a contract clause to back this up.

We agreed to a day rate and I attended their office everyday as requested. I submitted on average 7.5 hours per day to their internal timesheet system, some days I would only add 6 or 7 hours due to down time and breaks etc; they are now disputing these times saying that as the hours worked do not added up to 8 hours per day that as I didn’t work 8 hours per day and that they want to pay me per hour.

If there is a daily rate, then they pay by the day; if there is an hourly rate then they pay by the hour. Unless there is something in the contract which dictates the hours as well, then they cannot introduce a new contract term at this stage to change that.

When I invoiced them worked out per hour and split into days based on 8 hours per day, should I have done this? Does this affect my standing in this?

I'm not sure exactly what you mean. I would have put down "20 days at £385 a day" on the invoice. I wouldn't have broken it down any further.

Where does the law stand with them now trying to change my day rate to an hourly rate?

They cannot introduce a new term into the contract without agreement of all parties.

As they are now challenging my invoices, can I now challenge them and recalculate every day I entered their office at £385 per day regardless of the amount of hours worked as they booked me per day?

I thought you'd invoiced for £385 a day? You are on a daily rate, you bill for the days that you worked. Nothing more, nothing less (unless there is a separate term in the contract dictating minimum hours).

I gave them two weeks verbal notice of me leaving to take on another contract as I wanted to give them time to replace me. we agreed that I would work the time out. A few days later they told me to leave that day by noon. Can I legally charge them the rest of that day and the remaining one and a half weeks that they allowed me to go early?

If you worked that day, then you bill that day. You get paid for each day that you worked. Nothing more, nothing less.

I'd look at reading the guidelines and the law on chasing debt and charging interest and penalties for late payment. The law is on your side, so make sure you get what you are owed.

[d000hg]

I don't think paying an invoice implies acceptance of what it contains, certainly not irrevocably. People make mistakes in preparing invoices all the time which may only be turned up later, well after it has been paid - if you added an extra 0 in a typo and their automated system paid it, you would not get to keep the money.

That said, it doesn't sound like they have a case unless there's something in your invoice. You are paid according to work you bill for, not hours you log in their system. Presumably you did some other timesheets each week/month which DO reflect your invoices?

[tractor]

...

Hello

I am in need of some advice please.

Snip.......

When I invoiced them worked out per hour and split into days based on 8 hours per day, should I have done this? Does this affect my standing in this?

Where does the law stand with them now trying to change my day rate to an hourly rate?

As they are now challenging my invoices, can I now challenge them and recalculate every day I entered their office at £385 per day regardless of the amount of hours worked as they booked me per day?

......Snip

Many thanks

Looks like you have over complicated your explanation. I have snipped the part that causes me the most concern. Are you saying that sometimes you worked e.g. a 16 hr day and charged for 2 days? So that you were actually on working for less actual days than you billed?

[BolshieBastard]

Hello

I am in need of some advice please.

I recently finished working at an agency and presented them with my last invoice two weeks ago with the amount required for my last months work. During my initial interview we agreed to a day rate of £385 per day and never discussed an hourly rate and started the agreement over 10 months ago. As far as I see it, when someone agrees to a day rate then they book you for a day and pay for the day regardless of what they get you to do.

I was told that I had to wait until they rechecked all previous invoices for the last 10 months to ensure that I had not been over or underpaid.

They emailed me today saying that I have invoiced too many hours on my invoices during the last 10 months and that the amount I invoiced doesn't align with their internal timesheet system that I had filled in.

I informed them that their internal timesheet system, filled in by myself was for their records only and that I had been honest a put down the hours assigned to each client and the work I did for each client so they could calculate the cost to their client exactly, what I didn’t put down was toilet or tea breaks or down time waiting for meetings etc as this was not an option on their internal time sheet system - this time not assigned adds up to roughly 30 minutes per day.

With the agency disputing my invoices I have a number of questions.

When I first started the contract I invoiced monthly and each invoice was paid so where does the law stand with the employer now going back through my invoices to recalculate them?

By paying the invoices, doesn’t that mean that they have agreed to my times as submitted?

We agreed to a day rate and I attended their office everyday as requested. I submitted on average 7.5 hours per day to their internal timesheet system, some days I would only add 6 or 7 hours due to down time and breaks etc; they are now disputing these times saying that as the hours worked do not added up to 8 hours per day that as I didn’t work 8 hours per day and that they want to pay me per hour.

When I invoiced them worked out per hour and split into days based on 8 hours per day, should I have done this? Does this affect my standing in this?

Where does the law stand with them now trying to change my day rate to an hourly rate?

As they are now challenging my invoices, can I now challenge them and recalculate every day I entered their office at £385 per day regardless of the amount of hours worked as they booked me per day?

I gave them two weeks verbal notice of me leaving to take on another contract as I wanted to give them time to replace me. we agreed that I would work the time out. A few days later they told me to leave that day by noon. Can I legally charge them the rest of that day and the remaining one and a half weeks that they allowed me to go early?

Many thanks

This is just BS from the agency because you didnt renew or terminated to go to another contract. Get them named!

How can you work \ invoice too many hours if you are paid a day rate? If they paid you a day rate of £385, it doesnt matter if you worked 5 hours some days and 15 hours others.

[tractor]

...

This is just BS from the agency because you didnt renew or terminated to go to another contract. Get them named!

How can you work \ invoice too many hours if you are paid a day rate? If they paid you a day rate of £385, it doesnt matter if you worked 5 hours some days and 15 hours others.

It does if the OP worked 16 hours today and billed 2 days then 5 hours tomorrow and billed one day. From the original post, I rather suspect that is what has happened. Hope I'm wrong.

[MisterMan]

Many thanks for the advice so far. Just to clarify, it was averbal agreement of £385 per day and NO hourly rate or how many hours make up a day was discussed.

Does this change anything?

Does anyone know a good lawyer please?

Thanks

[MisterMan]

Looks like you have over complicated your explanation. I have snipped the part that causes me the most concern. Are you saying that sometimes you worked e.g. a 16 hr day and charged for 2 days? So that you were actually on working for less actual days than you billed?

If I did work 16 hours in one day then what would mean and how would it alter my case? Thanks