Reply to: Weekend Overtime Claims (Contract Employment)

[northernladuk]

Thanks for your inputs.

in this scenario client did not paid this overtime to agency and so agency did to paid this to my limited company..

i have the fieldglass/timesheet approval from client manager but unfortunately the system is so automated that anything above 5 days a week goes to "unbillable" but it says that i worked for those weekends/hours..i

Is this sufficient grounds to raise invoice with agency and if required take legal advice with "litigation"/"Dispute Resolution Lawyer ?

Thanks

We don't know. You need to go find a solicitor/lawyer, have a free consultation, or even put your hand in your pocket and pay for the initial consultation and then progress as per their professional guidance.

We cannot help you. The thread is now old, 3 pages long and you've managed to drip feed so much poor information in that we don't have a clue. In your opening statement you say..

thinking it will be compensated in the form of comp-offs or paid but unfortunately client didn’t approved it t approved..sorry”

and now you say

have the fieldglass/timesheet approval from client manager

And there are all the questions that your one lines create. When exactly did you put your time in fieldglass that messed up the automation? Right at the end of the gig? Which would be ridiculous.. but we just don't know.

Find yourself a professional, give them ALL the information and then see what they say.

[patillinganna]

Your legal representative won't bring the client in to this. As has already been pointed out, you do not have any contractual relationship with your client. You focus is to get the money out of the agency. If they are found liable then then it will be their responsibility to go get it off the client.

What you need to do is invoice the agency for it and then get an official response, in writing, as to why they believe they don't have to pay. This will be basis of your discussion with the legal company. If you don't know how to do that then you'll have to get guidance from whoever you sign up to but will probably add to the cost.

Thanks for your inputs.

in this scenario client did not paid this overtime to agency and so agency did to paid this to my limited company..

i have the fieldglass/timesheet approval from client manager but unfortunately the system is so automated that anything above 5 days a week goes to "unbillable" but it says that i worked for those weekends/hours..i

Is this sufficient grounds to raise invoice with agency and if required take legal advice with "litigation"/"Dispute Resolution Lawyer ?

Thanks

[psychocandy]

Hmm. Client asks you to work and you do so without getting confirmation that you'll get paid or its authorised. Oh dear they saw you coming.....

Very poor by client as well because it sounds like they knew damn well that you might not get paid. They asked you to work, got what they wanted, and have now dropped it. Poor behaviour.

I'm wary of the "gentlemans agreement" too. You've got to trust the client NOT to stitch you up. My current place I do a bit of our of hours support and we've got an arrangement and so far its worked.

I'd be loathe to work too much. I know of someone who built up 30+ days of "TOIL", project ended, manager left, thanks for the free 30 days.....

[northernladuk]

But asking the OP again. When did you put these times in? At the time you worked them in which case you will have known they weren't approved when you put your invoice in/got paid or did you just accrue them and bill all 20 at the end?

How has this taken 2 years to get to this?

[RyanDS]

From his original post..



They are just meaningless numbers on a CRM.

Which is directly contradicted by "timesheet (fieldglass) says : approved but M-F (as billable) and sat/sun (as non-billable) as fieldglass by default takes 5 days into billable account and rest as non-billable account but those timesheets are approved by client "

[northernladuk]

I thought they were approved, but approved as non billable?

Which makes it worth a punt at least if he hasn't opted out of the agency regs to make a claim.

From his original post..

but unfortunately client didn’t approved it (neither comp off nor paid) citing reason “I tried to get approvals but since project is decommissioned it’s not approved..sorry”

They are just meaningless numbers on a CRM.

[RyanDS]

Not if they weren't approved.

I thought they were approved, but approved as non billable?

Which makes it worth a punt at least if he hasn't opted out of the agency regs to make a claim.

[WTFH]

Not if they weren't approved.

And he didn't invoice for them.

[northernladuk]

On the plus side, if the hours are showing on fieldglass (even if not billable) you have proof of hours worked in your favour.

Not if they weren't approved.

[RyanDS]

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Hi,

Thanks for your reply..

Yes i did discussed and followed up with agent several times but in vain..

1) client said : with respect to weekend work ,i am not sure if i can get it approved..however will try..please share the details..
2) agency said : I have just gone through this email chain and client doesn’t say they will be approved once, in fact he says they might not or will not get approved… this doesn’t support what you are saying.I’m not sure that this will help our case.
3) timesheet (fieldglass) says : approved but M-F (as billable) and sat/sun (as non-billable) as fieldglass by default takes 5 days into billable account and rest as non-billable account but those timesheets are approved by client ..

is this can be the strong point/ground for my case ?


------------------------------------------

On the plus side, if the hours are showing on fieldglass (even if not billable) you have proof of hours worked in your favour.

[patillinganna]

How much of these discussions do you have in writing, or were they all done on the phone?

After you didn't get paid for the first couple of weekends work, why did you persist in working weekends for free?

And if you're going to go legal, do you have deep pockets? A solicitor will bill you £200-400 per hour.

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Thanks for your email.

Above discussion points which i put is in email..
yes i do agree that i should have stopped or get necessary approval before going ahead doing those weekend overtimes..my bad..
i did those based on mutual faith and trust (somethings are black and white and most of them are not) thinking at some point it will be either compensated or comp-off but unfortunately it was neither compensated nor i got any comp-offs.client took it for granted..
the amount in question is 20 days * 420 daily rate = 8400
to be honest with you,for me its a matter of principle,trust and ethics more than money to reach out to solution..

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[northernladuk]

Over what period did you do this overtime? Did you not get warning signs that you weren't being paid it in the period you worked in?

[WTFH]

------------------------------------------
Hi,

Thanks for your reply..

Yes i did discussed and followed up with agent several times but in vain..

1) client said : with respect to weekend work ,i am not sure if i can get it approved..however will try..please share the details..
2) agency said : I have just gone through this email chain and client doesn’t say they will be approved once, in fact he says they might not or will not get approved… this doesn’t support what you are saying.I’m not sure that this will help our case.
3) timesheet (fieldglass) says : approved but M-F (as billable) and sat/sun (as non-billable) as fieldglass by default takes 5 days into billable account and rest as non-billable account but those timesheets are approved by client ..

is this can be the strong point/ground for my case ?


------------------------------------------

How much of these discussions do you have in writing, or were they all done on the phone?

After you didn't get paid for the first couple of weekends work, why did you persist in working weekends for free?

And if you're going to go legal, do you have deep pockets? A solicitor will bill you £200-400 per hour.

[patillinganna]

Your issue is with the agent, not the client.
Your contract is with the agent, not the client.
If you are discussing your contract directly with the client, the agent can argue that you are in breach, so be very careful.

So, discuss it with your agent, not the client. The client's HR are dealing with it professionally - you don't have a contract with them, there is nothing they can do to help.
You do not need to bring all three parties together. You need to get together with your agent.

How long has this been going on for? Your initial comment was 20 days over a 2 year period. At any time during those 2 years did you not discuss the payment of overtime with your agent?

------------------------------------------
Hi,

Thanks for your reply..

Yes i did discussed and followed up with agent several times but in vain..

1) client said : with respect to weekend work ,i am not sure if i can get it approved..however will try..please share the details..
2) agency said : I have just gone through this email chain and client doesn’t say they will be approved once, in fact he says they might not or will not get approved… this doesn’t support what you are saying.I’m not sure that this will help our case.
3) timesheet (fieldglass) says : approved but M-F (as billable) and sat/sun (as non-billable) as fieldglass by default takes 5 days into billable account and rest as non-billable account but those timesheets are approved by client ..

is this can be the strong point/ground for my case ?


------------------------------------------

[northernladuk]

Your legal representative won't bring the client in to this. As has already been pointed out, you do not have any contractual relationship with your client. You focus is to get the money out of the agency. If they are found liable then then it will be their responsibility to go get it off the client.

What you need to do is invoice the agency for it and then get an official response, in writing, as to why they believe they don't have to pay. This will be basis of your discussion with the legal company. If you don't know how to do that then you'll have to get guidance from whoever you sign up to but will probably add to the cost.