Time in Lieu or payment

[pr1]

Hi

I have worked for a client for 18months and had been terminated in NOVEMBER 2016.

There was no contractual agreement for overtime or oncall in my contract. Due to managers request and to maintain my professional approach, I have accepted, worked and accumulated 28 days worth of overtime or oncall during that period. My manager offered me time in lieu. So I have booked my leaves during the christmas period of DECEMBER 2016.

I had a verbal agreement with my manager and there is no written confirmation. Subsequently the manager left in the month of AUGUST 2016 and confirmed the same to the replacement manager in an email mentioning about my overtime and time off.

Since my contract has been terminated , I have requested to pay for the over time and on call services since I could not avail my time off. Now the company has declined to make the payment for the overtime or oncall , mentioning there is no such agreement.

Can I take a legal approach. or have I lost my time and money. your suggestions are appreciated.

Thanks
MJ

I'd say your only chance is to get in contact with the old manager and hope he fights your corner

Contractually you've got nothing

[FrontEnder]

Hi

I have worked for a client for 18months and had been terminated in NOVEMBER 2016.

There was no contractual agreement for overtime or oncall in my contract. Due to managers request and to maintain my professional approach, I have accepted, worked and accumulated 28 days worth of overtime or oncall during that period. My manager offered me time in lieu. So I have booked my leaves during the christmas period of DECEMBER 2016.

I had a verbal agreement with my manager and there is no written confirmation. Subsequently the manager left in the month of AUGUST 2016 and confirmed the same to the replacement manager in an email mentioning about my overtime and time off.

Since my contract has been terminated , I have requested to pay for the over time and on call services since I could not avail my time off. Now the company has declined to make the payment for the overtime or oncall , mentioning there is no such agreement.

Can I take a legal approach. or have I lost my time and money. your suggestions are appreciated.

Thanks
MJ

I don't think this is a "professional" approach at all. You're a supplier to them, I don't see how it's professional at work without pay and without a legal agreement in place to cover you. If you hired a builder to do some work, what do you think he would say if you asked him to work at a weekend and said he could take the time off in 6 months time?

[SlipTheJab]

You've got no chance, chalk it up to life lesson and concentrate on getting your next role. And next time don't fall for the bull of 'we'll see you alright' get it in writing, your a supplier not a employee.

[northernladuk]

You also need to read up on IR35. Not only will you never get what you are after but you've got to have put yourself inside with D&C so at risk of losing quite a bit of what you've already earned.....

[Lance]

In more than one contract I have been asked by project/programme managers to do weekend work (project transitions, go-lives et al) as time in lieu.
I simply tell them that there is no contractual mention of TOIL so they'll pay me the contracted day rate as that is the only mechanism I have to bill them.

I've never had any more discussions after that.

TOIL could also imply being inside IR35 but I prefer not to use tax as a reason for not doing something as that p*ss*s off permies.

[MrMarkyMark]

In more than one contract I have been asked by project/programme managers to do weekend work (project transitions, go-lives et al) as time in lieu.
I simply tell them that there is no contractual mention of TOIL so they'll pay me the contracted day rate as that is the only mechanism I have to bill them.

I've never had any more discussions after that.

TOIL could also imply being inside IR35 but I prefer not to use tax as a reason for not doing something as that p*ss*s off permies.

Toil, feck that!!!

I had one place where we agreed 1.5 times the rate as nothing specified in the contract.

As they didn't have the payment mechanisms for that, they actually had to pay double rate.

Would still always rather have my weekends though, life's too short.

[LondonManc]

Not a fan of TOIL (forget the IR35 status of it) - I'm working overtime because the project needs it. What's the point of me working the Saturday then being off on Monday when I should be fixing what the permies broke on the Sunday.

[Whorty]

Some of my guys are working long hours at the moment, including weekends. I offer them TOIL or payment .... they all take payment on their next invoice. Don't blame them as I'd do the same I make sure they put the charge in the very next invoice so there is no argument from client.

[muralijv]

Thanks for the consolation guys . The mistake I did is , I have trusted my manager, he turned out to be a ****.
A costly lesson learnt. everything should be written , documented and approved.

[northernladuk]

Thanks for the consolation guys . The mistake I did is , I have trusted my manager, he turned out to be a ****.
A costly lesson learnt. everything should be written , documented and approved.

And read up on IR35.