Reply to: Timesheet disagreement with client - legal situation?

[Wanderer]

At the moment, client is refusing to authorise the time for that day. Not cool. With no signed timesheet where do I stand? Only talking about 1/2 days pay here but still its taking the piss.

It's the principle, right enough. I'd just send the invoice to the agency along with the request that the client asked you to work 1.5 days that day and you did in fact work 1.5 days so you are now billing for 1.5 days but the client refuses to sign that off. Leave it for the agency to fight it out with the client.

It's a bit of a tulipty trick on the client's part though.

[Ticktock]

As I said before, you shouldn't bother arguing the toss with the client.

So long as you have evidence that the client wanted you to work that day and that you did indeed work that day then you submit your invoice and chase the agent for payment.

The agent then argues with the client, but since you are "Opt In", then based on work being requested and supplied you are owed that days pay from the agency.

The only alternative is that you shrug your shoulders and walk away.

[psychocandy]

Indeed is last day. Lets just say these little things have appeared out of the woodwork when the work is done and not before. Strange that.

[eek]

Seems actually open-shut in the OP's favour. Either they pay as they promised for their cockup, or you refuse to work long shifts in future.

Today's his last day and I doubt he'll be returning so the latter threat isn't much use.

[d000hg]

Seems actually open-shut in the OP's favour. Either they pay as they promised for their cockup, or you refuse to work long shifts in future.

[MaryPoppins]

Client does not disagree with the hours worked but is disagreeing that they agreed to shift work that day. Basically, they did a rota (and I have email to prove it).

Can you not use this?

[d000hg]

Yep. BIG mistake on my part not getting it in writing.

You don't even have it in an email?

What about the fact they ARE paying you 1.5 days per shift on all the other occasions... that suggests they have agreed to it.

[psychocandy]

Its implied elsewhere that your contract is for a professional working day.

If it is then I think you are well and truly shafted as a professional working day really has no legal meaning and could be 7 hours (1 client), 8.5 (another) or flexible depending on that days needs (from 6-12).

Yep. BIG mistake on my part not getting it in writing.

[eek]

If the client agreed to pay 1.5 or 2 days for a 12 hour shift, then this is what they should pay. They have clearly accepted 12 hour shifts are NOT covered as a professional day, but extra cover required.

You assume that the op is more organised than I suspect him to be.

[d000hg]

Its implied elsewhere that your contract is for a professional working day.

If it is then I think you are well and truly shafted as a professional working day really has no legal meaning and could be 7 hours (1 client), 8.5 (another) or flexible depending on that days needs (from 6-12).

If the client agreed to pay 1.5 or 2 days for a 12 hour shift, then this is what they should pay. They have clearly accepted 12 hour shifts are NOT covered as a professional day, but extra cover required.

[eek]

Its implied elsewhere that your contract is for a professional working day.

If it is then I think you are well and truly shafted as a professional working day really has no legal meaning and could be 7 hours (1 client), 8.5 (another) or flexible depending on that days needs (from 6-12).

[Ticktock]

That is the plan for now. But, even though this agency is fairly good, I can't see they're going to want to upset their client by kicking off on my behalf for a few quid.

I think the client knows this and has got what they want and is well aware of it.

Could be worse. Direct contractors here got told that because of admin issues there was delay of a few weeks with payment from last month. Yeh right - more like deliberate cashflow management.

It doesn't matter if they want to take it up with the client or not - they still have to pay you if you did the work. It's their choice to either suck it up, or pass that cost along to the client.

[psychocandy]

Then invoice and let the agent sort it out. You may want to explain to the agency the situation, otherwise they'll come back to you with "Can you get the timesheet signed?" and you'll just have to explain then.

Don't expect them to understand the implications of being "opted in" (I hate that phrase) until you spell it out to them.

That is the plan for now. But, even though this agency is fairly good, I can't see they're going to want to upset their client by kicking off on my behalf for a few quid.

I think the client knows this and has got what they want and is well aware of it.

Could be worse. Direct contractors here got told that because of admin issues there was delay of a few weeks with payment from last month. Yeh right - more like deliberate cashflow management.

[psychocandy]

Then you should know the answer to the question already

I'll have to check but I always thought the opted in only protected you in the event of HAVING a signed timesheet?

[Ticktock]

In.

Then invoice and let the agent sort it out. You may want to explain to the agency the situation, otherwise they'll come back to you with "Can you get the timesheet signed?" and you'll just have to explain then.

Don't expect them to understand the implications of being "opted in" (I hate that phrase) until you spell it out to them.