Commuting expenses and clients refusal to pay..?

[Xil3]

I've been working for my current client for almost 4 months now and I've been claiming commuting expenses on my time sheets through my agency... which was signed off by management at the company where I work... so there was never any issue.

Just recently... the penny pinching & exploitative owner of the company I am a contractor at noticed the expenses I was claiming and told my agency that he refuses to pay.... even after management had already signed off on it. My agency is now telling me that since refuses to pay, they will have no choice but to deduct those expenses from my next pay (from the past 3 and a half months). I find this extremely unfair... is there no legal way to fight this? This was already signed off on and paid... how can they come back after so many months and tell me that they are taking it back basically... i find this absurd!

Any ideas? How should I approach this? My agency is greythorn and I am going through contractor umbrella... but the main issue is the client (the owner) who refuses to pay, even though the timesheet with detailed explanation of what the expense was was signed off by top management at the client company.

[AtW]

Do you have it in contract that your expenses will be paid?

[BoredBloke]

What does your contract state regarding commuting expenses? I cover my costs to and from the main site, but if they want me to go anywhere other than that site I start claiming.

[Moscow Mule]

You'll get a lot more sense somewhere other than "General", but I would look into your contract - what does it say about expenses?

If you are "opted in" (or more often, not opted out) to the employment agency regulations then I'm pretty sure they have to pay you.

[DimPrawn]

Talk directly with the client ffs.

All this "I spoke to my umbrella who called the agent who emailed the client" bollox.

Get the bloke in a room and talk it through. Speak, listen, negotiate, move foreward.

[Xil3]

"Expenses: None, unless authorised in writing by the Client and supported by original vouchers/receipts"

That's a direct quote from the contract.

It was authorized by the client (management signed it off on the time sheets) and I DO have all the receipts.


Jon

[Moscow Mule]

"Expenses: None, unless authorised in writing by the Client and supported by original vouchers/receipts"

That's a direct quote from the contract.

It was authorized by the client (management signed it off on the time sheets) and I DO have all the receipts.


Jon

Sounds like an open and shut case. If the agency don't pay you, you'll need a lawyer.

I'd also withdraw your labour soonest.

Either that or talk to the bloke.

[Dow Jones]

On thin ground

Timesheets may show travel expenses incurred as a result of travelling between client sites or hotel accommodation as a result of working late at night which is normal. It is NOT normal to be paid travel expenses for commuting or hotel expenses if you work away from home (there are ways of claiming some of these back legally via ltd.co/brolly.) If that were the case however, you should have charged your client the time it took to travel from home and v.v. as well - at least that would have been consistent! I am not saying you are taking the proverbial here, but you are skating on thin ice. In my opinion.

PS A receipt for eg petrol or whatever doesn't prove how it was incurred or its legality

[AtW]

Talk to the client, show this contract and that you were authorised.

Before that decide for yourself if you can get new job quickly enough in case of contract termination - this will determine whether you swallow this or come out fighting.

If I was in this position I'd do the following:

1) insist on already signed off expenses to be paid in full - otherwise it will be matter decided by the courts (unless the amount is really small)
2) agree whether you get no expenses in the future from this point on OR both sides terminate contract on mutual agreement.

If it's a private firm where one man rules, then most likely your choice will be limited to either swallow cost of expenses or get them but lose contract.

If you were as brilliant as DimPrawn you'd kick the office door of the owner and leave it in 5 minutes with this problem sorted and a hefty payraise.

[chef]

So walk into the owners office, slap the contract on the table with the above paragraph highlighted and tell him that they legally are obligated to pay you and therefore cannot retract payment.

Fax a copy of the same contract to the agency and state the same. Demand a response.

Done.

If they dont pay them to you then "release the hounds"

<chef in "smithers" mode>