Reply to: Recruitment Agency Blunder Refusing Payment

[SueEllen]

I'm convinced the OP thought that travel from home to Swindon was able to be expensed....

Possibly.

However the agent, client and the contractor may have agreed something to get the contractor on board that the client later retracted on. I've had clients who are full of tulip until they are made to sign something......

This is why the contract needs to be looked at in full.

[stek]

+1
and someone accidentally OKed it at client/agency.

OR

agent said it was and lied.

Think the OP has gone cos he doesn't like the answer/truth....

[psychocandy]

I'm convinced the OP thought that travel from home to Swindon was able to be expensed....

+1
and someone accidentally OKed it at client/agency.

OR

agent said it was and lied.

[TheFaQQer]

I'm convinced the OP thought that travel from home to Swindon was able to be expensed....

Re-reading the original post, I agree with you.

Looks like the OP has claimed all expenses incurred, but the agency and the client had agreed to pay expenses for travel etc. to sites other than the normal Swindon one.

From my experience, the norm would be the latter, so unless the OP has something in writing to contradict this, they are on a hiding to nothing. The agency would have approved expenses on the assumption that they were valid expenses being claimed - as soon as this was shown not to be the case, they stopped and asked for the money back.

If that's what's happened, then pay up.

[stek]

Thinking about it you're probably right, I guess this falls into the same category as when banks accidentally put a hundred grand in your account, if you then spend it on designer gear and fast cars you are for it as the money wasn't yours to begin with and said bank wiill demand it back... like everyone else has mentioned it all depends what the OP signed up to in the contract.

I'm convinced the OP thought that travel from home to Swindon was able to be expensed....

[kal]

If the person who approved them was under the impression that this had been agreed in the contract, when in fact it hadn't, then there could be an argument that there was misrepresentation on the part of the OP. In that case, just because they have mistakenly approved the expenses in the past doesn't mean that they aren't allowed to ask for that mistake to be rectified and have the money returned.

Worst case scenario, the agency claims that the expenses were fraudulently made, which makes it a criminal matter rather than a civil one.

Thinking about it you're probably right, I guess this falls into the same category as when banks accidentally put a hundred grand in your account, if you then spend it on designer gear and fast cars you are for it as the money wasn't yours to begin with and said bank wiill demand it back... like everyone else has mentioned it all depends what the OP signed up to in the contract.

[Safe Collections]

OP- I suggest you seek proper legal advice from a qualified solicitor asap.

This +1.

Or if you are a member the PCG legal helpline might be a good place to start.

[Project Monkey]

It sounds to me that you are allowed to claim expenses for travel to "other" sites, but not the "home" site. This is indeed standard practice for a certain large client in Swindon.

I suspect that both you and the client are at fault, but the agency is probably correct in trying to put it right for the client. That is, you (possibly wilfully) misinterpreted your contract and the client manager was inept in not understanding under what terms he/she had engaged you. My guess is that the client manager happily signed your expenses until someone in HR or Finance noticed the error.

Your choice now is:

a) appologies for the misunderstanding, repay the £4k and look forward to extension

or

b) fight it and wave goodbye to any future work with said client.


Hmm..?

[SueEllen]

OP- I suggest you seek proper legal advice from a qualified solicitor asap.


While it will cost you some money it will cost you a lot less than having all your expenses reclaimed.


We don't have your full contract in front of us and every agency differs in the contracts they give out even with the same contractors. You may actually be able to stop them claiming back your expenses so far due to what is in your contract and their behaviour.

Agencies often back down once they realise there is a real threat of you going to court.

[psychocandy]

OP - Confused. The expenses you refer to are for travelling from home/client site Swindon/staying over.

Obviously, normally this would not be payable. If you can get this into the contract then fair enough but I've have made sure it was in there explicitly.

Like others have said, chances are if you only got a verbal agreement from the agent it was bull and someone has accidentally agreed the expenses so far and now realised they shouldnt have. I think you've got a fight on your hands here....

[TheFaQQer]

What does your contract say about expenses?

Did you get this in writing? If you didn't then you've got quite a fight on your hands to prove what was agreed verbally. Not saying you won't win but you will have a tough time proving anything unless you recorded the call. The agency aren't in a great position if they have approved and paid the expenses though.

You probably want to get some proper legal advice from a debt collector about this....

Exactly this - is there anything in writing to support the case? If there isn't, then you'll have a devil's own job arguing that the expenses submitted are legitimate and should be paid.

[TheFaQQer]

Agree but if agency has happily paid OPs expenses up to now then surely they have accepted that agreement?

If the person who approved them was under the impression that this had been agreed in the contract, when in fact it hadn't, then there could be an argument that there was misrepresentation on the part of the OP. In that case, just because they have mistakenly approved the expenses in the past doesn't mean that they aren't allowed to ask for that mistake to be rectified and have the money returned.

Worst case scenario, the agency claims that the expenses were fraudulently made, which makes it a criminal matter rather than a civil one.

[stek]

So the role is based in Swindon, with 'option' to travel to other sites, whats that for? Work 100% needed there or just the company has other sites you could work from?

What exactly are these travel expenses? Home to Swindon? Swindon to other sites?

[SeekingIT]

Help Us

You may not want to name and shame, but could you give us a subtle hint as to who this agency is?

May help us if ever faced with two competing contracts and be a deciding factor to choose between them?

[Brian Potter]

Try to avoid threats such as "sue" and "legal action". Stick with "seek advice" or "assess my options". As soon as you make the threats they'll be more inclined to break off comms with you.

Remember, they have employment law resources, whether in house or external, whereas you have to Google, post on forums and ask strangers for advice.

If you're serious about seeking the legal aspects then contact a law practice who can advise you on your options and the costs.

Making threats that you cannot carry out or even researched will just make you look very silly and may even end up costing you.