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Previously on "Billing for travel time"

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  • psychocandy
    replied
    As others have said what the client and agent do amongst themselves is neither illegal or none of your business.

    If it was me:-

    1. A few extra hours travelling - let this one slide or at just take a few hours one friday afternoon. If they moaned about this then I'd be leaving the house at 9am in future and.or making sure I'm at destination by 5pm.

    2. If its a day long trip then, assuming its a week day, there's no way in a trillion years I'd swallow this as a non-billable day and lose money over it.

    In fact, even if they want me to travel on weekend it now becomes an extra billable day. If they dont want to pay the extra day, I'll travel in the week but see above.

    3. If agency dont like - tough tulipe.

    Leave a comment:


  • d000hg
    replied
    If your day is made longer by travelling then don't expect to bill for it unless it's agreed... a day rate covers this since they pay expenses.

    If you spend an additional day travelling I'd expect to count that as a day worked - flying to the US for example. That's worth fighting over.

    If you have to catch a flight in the evening or something to be there for the next day... 50:50 in my book. It could be considered part of the job, especially if you have the option to travel at 4am the next day or something.

    Leave a comment:


  • Wanderer
    replied
    Originally posted by Ben81 View Post
    I am just curious though if an agency is billing a client for my time, but not paying me for my time, if that would be illegal.
    No, it's not illegal but if the client is paying the agency X amount then it's reasonable to expect that they agency would pass the money to the contractor, less their margin. I'd have a discrete word with the client about payment for travelling time and see what they are paying the agency.

    If the agency won't budge on paying for travelling time but the client is paying the agency then I'd just ask the client if I could book travelling time as working time and stuff the agency.

    Leave a comment:


  • Boo
    replied
    Originally posted by Ben81 View Post
    So, are an agency legally allowed to bill a client for my travel time, but not allow me to bill them.
    If that's what the contract says, then why not ?

    Originally posted by Ben81 View Post
    This is something that is yet to be proved, but I am required by my agency to record my travel time, but I am not allowed to bill it, at any rate. Now it is difficult to ascertain if they are billing the client for my travel time, but if they are and then keeping the money is that illegal?
    You can record it as zero hours if you want to stiff them.

    Originally posted by Ben81 View Post
    There is not mention of recording or billing travel time in the contract, and considering travel will include the US and 10 hour trips in Europe, it was assumed that travel time was billable.
    You are inconsistent in saying that the contract does not allow you to bill for travelling time and that there is no mention of " billing travel time in the contract". If it is not mentioned then there is nothing to stop you invoicing for it and expenses too. If it came to court then a judge might take the view that if the agency are entitled to bill for your travelling time and expenses then there is am implicit contractual right for you to do the same. Or s/he might not...

    But you really should read contracts before you sign them you know...

    Boo

    Leave a comment:


  • BolshieBastard
    replied
    Originally posted by Ben81 View Post
    If anyone remembers my last thread you will probably realise I am having troubles with an agency.

    So, are an agency legally allowed to bill a client for my travel time, but not allow me to bill them.

    This is something that is yet to be proved, but I am required by my agency to record my travel time, but I am not allowed to bill it, at any rate. Now it is difficult to ascertain if they are billing the client for my travel time, but if they are and then keeping the money is that illegal?

    There is not mention of recording or billing travel time in the contract, and considering travel will include the US and 10 hour trips in Europe, it was assumed that travel time was billable.

    Any expertise in this area would be gratefully received.
    What. The. ****.

    Get back to permiedom quickly. You arent cut out to be a contractor.

    Leave a comment:


  • SueEllen
    replied
    Originally posted by Ben81 View Post
    I don't know what their contract with the client says, we will be talking with the client soon, but they are not really at liberty to discuss the ins and outs of their contract with the agency.
    Balderdash.

    The client are at liberty to discover if they are being ripped of by the agency by asking discrete questions.

    It's up to you if you wish to reply and with these types of questions it's best to do everything verbally.

    Originally posted by Ben81 View Post

    My contract doesn't specify any more than the daily rate, and that expenses will be covered by the client, if I spend the equivalent of a day travelling I expect to get paid for it.
    There is your answer.

    Originally posted by Ben81 View Post

    I am just curious though if an agency is billing a client for my time, but not paying me for my time, if that would be illegal.
    Not illegal - it's business.

    Just because you don't like something doesn't make it illegal.

    Originally posted by Ben81 View Post
    We are supposed to have a contractors handbook, where these things would be more clearly defined, but as yet the agency have not provided this.
    Your not a permie. It's up to you what you negiogiate with the agency. Every contractor negotiates differently.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by Ben81 View Post
    I don't know what their contract with the client says, we will be talking with the client soon, but they are not really at liberty to discuss the ins and outs of their contract with the agency.

    My contract doesn't specify any more than the daily rate, and that expenses will be covered by the client, if I spend the equivalent of a day travelling I expect to get paid for it.

    I am just curious though if an agency is billing a client for my time, but not paying me for my time, if that would be illegal.

    We are supposed to have a contractors handbook, where these things would be more clearly defined, but as yet the agency have not provided this.
    It isn't illegal. It's a negotiation and agreement in which you are losing out. Illegal doesn't come in to it unless you can prove breach or contract or similar. What the agent gets is none of your business. Has that been mentioned?

    First stop here would be asking the client what they would be happy to re-imburse you for and take it from there. Hopefully he will drop the agent right in the tulip when he finds out it isn't being passed on.

    Leave a comment:


  • Ben81
    replied
    Originally posted by moggy View Post
    what does your contract say? what does their contract with the client say?
    I don't know what their contract with the client says, we will be talking with the client soon, but they are not really at liberty to discuss the ins and outs of their contract with the agency.

    My contract doesn't specify any more than the daily rate, and that expenses will be covered by the client, if I spend the equivalent of a day travelling I expect to get paid for it.

    I am just curious though if an agency is billing a client for my time, but not paying me for my time, if that would be illegal.

    We are supposed to have a contractors handbook, where these things would be more clearly defined, but as yet the agency have not provided this.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by tractor View Post
    Whether they are charging the client for your travelling time is neither here nor there imho.
    This one line covers some of the issues the OP mentions IMO. Forget what the agent is billing the client for. It isn't really any of your business at this point. Bear it in mind for renewal when you ask for more though..

    Have you spoken to your client? What is their take on travel times/expense?
    Last edited by northernladuk; 19 October 2012, 15:45.

    Leave a comment:


  • tractor
    replied
    Originally posted by Ben81 View Post
    If anyone remembers my last thread you will probably realise I am having troubles with an agency.

    So, are an agency legally allowed to bill a client for my travel time, but not allow me to bill them.

    This is something that is yet to be proved, but I am required by my agency to record my travel time, but I am not allowed to bill it, at any rate. Now it is difficult to ascertain if they are billing the client for my travel time, but if they are and then keeping the money is that illegal?

    There is not mention of recording or billing travel time in the contract, and considering travel will include the US and 10 hour trips in Europe, it was assumed that travel time was billable.

    Any expertise in this area would be gratefully received.
    It all hinges on your contract with the agent. If it is not covered, then although you can bill for it, they are entitled to reject the invoice. You do have the standard commercial methods of challenging that decision.

    Whether they are charging the client for your travelling time is neither here nor there imho.

    Assumptions are not that helpful. If the prospect of this level of travel was not mentioned before you signed the contract, you should reasonably expect to negotiate that aspect with the Client via the agent. Success is of course, not guaranteed.

    Leave a comment:


  • moggy
    replied
    what does your contract say? what does their contract with the client say?

    Leave a comment:


  • Ben81
    started a topic Billing for travel time

    Billing for travel time

    If anyone remembers my last thread you will probably realise I am having troubles with an agency.

    So, are an agency legally allowed to bill a client for my travel time, but not allow me to bill them.

    This is something that is yet to be proved, but I am required by my agency to record my travel time, but I am not allowed to bill it, at any rate. Now it is difficult to ascertain if they are billing the client for my travel time, but if they are and then keeping the money is that illegal?

    There is not mention of recording or billing travel time in the contract, and considering travel will include the US and 10 hour trips in Europe, it was assumed that travel time was billable.

    Any expertise in this area would be gratefully received.

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