Reply to: Time in Lieu or payment

[SueEllen]

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 forwarded to your own business email account.

Make sure your business email signature has the required legal company blurb so they can't complain about you sending it to some random personal account.

[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.

[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.

[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.

[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.

[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.

[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.

[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.....

[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.

[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?

[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

[psychocandy]

Can I take a legal approach. Since I left the organisation , unfortunately I dont access to the old mails which are on office system. My exit was not planned. so could not take any backup

Did you leave on bad terms also? If you left on good terms then you may be able to get a friendly manager to help out - all depends. If they got rid of you then you've got no chance.

Psychocandys rule No 1 - Never put client/employer in front of family, friends, cat, hamster etc. unless you get something out of the deal.

[psychocandy]

Sorry OP but I think you've had it. Strictly speaking its PWD so you've lost out. Unless any of these days were weekend. Even then you're going to have to prove it.

I hear what you're saying about TOIL - put yourself out a bit and not be awkward with the client if theres work to be done. Trouble is you've got to trust that you'll actually get the TOIL.

I do it here. Its quite nice because, in effect, it saves a few days lost billing. BUT I would never let it get to 28 days like this. Because of this. All well and good helping out but I try not to let my TOIL get over more than a few days. If client wanted me to do something that meant it would be tons of extra days/hours then I'd speak to them about payment.

Once I've got more than a few days I'll plan when to use them. If I've got an upcoming planned holiday then fair enough but otherwise I'll use them and take a day off anyway.

But I'd be sick as a dog if I worked that much extra and lost it.

[MrMarkyMark]

Can I take a legal approach. Since I left the organisation , unfortunately I dont access to the old mails which are on office system. My exit was not planned. so could not take any backup

Very little legal evidence then....so no real chance, sorry.

[muralijv]

Can I take a legal approach. Since I left the organisation , unfortunately I dont access to the old mails which are on office system. My exit was not planned. so could not take any backup