Time in Lieu or payment

[muralijv]

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

[eek]

Were you paid hourly or daily (what does your contract state) and do you have invoices (for what has been paid) and signed timesheets for all hours including the over time..

[muralijv]

1. I was paid day rate.
2. Overtime was not recorded on my timesheets and invoices.
3. I was maintaining separate sheet for the overtime and oncall with dates and times and related ticket numbers.

[eek]

1. I was paid day rate.
2. Overtime was not recorded on my timesheets and invoices.
3. I was maintaining separate sheet for the overtime and oncall with dates and times and related ticket numbers.

That makes it simple then. You've been paid a daily rate for the work you were doing, and the company has no record of the verbal agreement that was made between you and the manager who clearly was lying to you and was unauthorised to offer you payment for overtime.

Sorry to be the bearer of bad news but given you were on a daily rate you won't get anywhere with the claim, give up now....

[muralijv]

bad timing.. no work since Nov 2016 and donot get paid for the hard work and late night and weekend work spoiling my family time.

thanks for the help. much appreciated.

[MrMarkyMark]

bad timing.. no work since Nov 2016 and donot get paid for the hard work and late night and weekend work spoiling my family time.

thanks for the help. much appreciated.

Doesn't look good contract wise. Do you have any of the mails concerning/confirming the arrangement?

That and the ticket numbers are your best corner to fight from.

[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

[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.

[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.

[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.