Where do I stand?

[dlyons]

Hi there,

Bit of a strange one. I was recently in a contract which everything was fine, few issues with the management (one manager told you to work on a project, other manager told you not to) but everything else was good. Few months ago I took some time off to help with my mum who had an operation after cancer. This was all fine and sorted, they did frown upon it a little but family comes first in my eyes.

I received another extension after this and then a few months later (and just before a holiday I had booked) my sister gave birth and I received the short straw and my 9 year nephew was dropped off on the way to hospital at mine which I then worked from home the next 3 days. Anyways, they knew where I was and I was in contact which them via phone and email. I thought everything was fine however 2 days into my holiday in Tunisia I get an email saying my contract was being terminated early. I only had 3 weeks left after I came back from my holiday and I knew there wouldn't be an extension as the department had run out of money.

The issue is now they are refusing the pay the 2 weeks prior to me being on leave. 7 of the 10 days I was in their office. I believe this really comes down to management not wanting to admit they were wrong as they have said they couldn't contact me (yet the one perm staff member remembers the manager sending me emails and him being cc'd on them) and the basis that I didn't have much to do (yet I still came in as I was meant to) so they are begrudging paying me.

I've been speaking to the agency and they are wanting me to hand over the outstanding work (which is fine) then decide if they want to pay me or not. The issue I have is that being only 2 developers (myself and one perm staff member) I spent alot of time doing general support work too so the project work that I have to hand over won't look much. I've already said to them just pay me for the 7 days I was in their office as I presumed they had issues with me working from home but they have come back with this.

Any ideas what I can do?

[northernladuk]

1. Are you opted in or out. Done correctly the agent must pay you regardless of timesheet and client shenanigans

2. Do you have time sheets signed?

3. You were in 7 of 10 days and I assume 3 days at home. Did you actually do any work? You should get paid the 10 days for doing work and in theory even if you had nothing to do they did not tell you to not work due to lack of stuff to do. I would push for the 10 days. If you are happy to accept 7 maybe use this as a bargaining tool to get this resolved quickly if you wish. Personally I would after all 10.

4. You spent a lot of time doing general support work? Was this part of the contract and details in the work schedule or just something the client asked you to do while you were there.

Just keep banging it to the agent. He will undoubtedly invoiced for your time and would have gotten paid so you are due your cut. Just play hard with them. If you think it may go further look in to Opt Out/In situation and look at Payontime.co.uk to learn the steps to recover debts. Once you start sending the correct letters with legislation and threats of interest and penalties they should fold.

[oracleslave]

Do you have a signed timesheet for the 10 days in dispute?
Have you issued an invoice for the dates in question.
Are you opted out?

I wouldn't be doing a handover that would likely be unpaid if I already knew they had no interntion of paying for my previous work.

[northernladuk]

Do you have a signed timesheet for the 10 days in dispute?
Have you issued an invoice for the dates in question.
Are you opted out?

I wouldn't be doing a handover that would likely be unpaid if I already knew they had no interntion of paying for my previous work.

To be honest looking at the OP's history if the handover is quick as is stated I would do this just try and gain a bit of respect back from the client as they appear to have been extremely flexible with the OP. That is just my personal feeling.

It wouldn't be too had to argue the OP wasn't working properly with an 9 year old in tow either tbh.

[oracleslave]

To be honest looking at the OP's history if the handover is quick as is stated I would do this just try and gain a bit of respect back from the client as they appear to have been extremely flexible with the OP. That is just my personal feeling.

It wouldn't be too had to argue the OP wasn't working properly with an 9 year old in tow either tbh.

My hesitation is that without signed timesheets, once the handover is done he has lost his last remaining bargaining chip.

[TheFaQQer]

My hesitation is that without signed timesheets, once the handover is done he has lost his last remaining bargaining chip.

+1

Go in for the handover, and get the timesheet signed first thing. Make sure that it says something like "I confirm that the hours / days noted above have been worked by the consultant and that the work carried out has been completed to the satisfaction of my company. The total hours / days shown may be invoiced to my company at the agreed rate." which is my standard disclaimer text.

Then do the rest of the job in a professional manner, and invoice for the outstanding time, plus your handover time.