Billing for travel time

[Ben81]

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.

[moggy]

what does your contract say? what does their contract with the client say?

[tractor]

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.

[northernladuk]

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?

[Ben81]

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.

[northernladuk]

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.

[SueEllen]

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.

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.

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.

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.

[BolshieBastard]

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.

[Boo]

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 ?

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.

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

[Wanderer]

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.