Contractor - Money owed what can I do about it?

[L3nny]

Seeing as everyone else on here seems to have all their problems solved by the might org I thought I would give it a go, even though I hardly come on here anymore due to not having a bike.

Anyway. I work as an IT contractor, I have been doing the same job with the same company for 3.5 years but I am employed as a contractor on the same sort of contact a temp would have.

I work a 24/7 shift pattern which included bank holidays and I get paid an hourly rate. So the other day I was having a bit of a moan about working bank holidays which was overheard by the head of the project to which he replies, stop moaning you get double time for it!

"Whaaaaaaaaaaaaaaaaaaaaat??" I said, "no I don't I get paid regular time but am given a day off in lieu."

"And you get double time, have you not been claiming it?" he replied.

So an email to the agency I work for was hurriedly typed asking if this was indeed the case and asking if I had been paid double for the 5 bank holidays I have worked this year.

They replied with yes you are entitled to it but you haven't claimed it so tough luck. I haven't even gone into the previous 2 years but I am entitled to money from those as well.

So, where so I stand, a not unsubstantial amount of money that I didn't know I was owed it owed to me by my employer but they are refusing to pay it to me. Is there anywhere I can complain to? I am not in a union so can't ask for help there.

Any ideas

Cheers mighty org :)

[tigersaw]

I know its different everywhere, but where I work we have a 6 month window to put in claims. Beyond that its still possible, but not automatic.

[Specialone]

Id get legal advice mate, just cos they said something doesnt mean its true or correct.

Even large companies get it wrong so dont take what they say as gospel.

[Bri w]

If you were over paid they'd claim it back. Put a claim in for it. If the agency refuses to pay it, have a word with the company you are contracted to and see if they'll take you on as an independant contractor. They'll save the agency fees, and may even increase your hourly rate.

[L3nny]

Yer I wish I could work as an independent contractor but that's just not the way the company works. It's one of those places where they do things for the sole reason that it's always been done that way. I am only on this contract for a few more months anyway.

I am going to try and dig out my contract and see what that says, I suppose if it's not in there and only paid as a gesture of goodwill then there's not much I can do, even though the 3 other guys I work with have been paid it, well they think they have anyway.

[Bri w]

Might be worth checking the new laws on contract workers - like the Specialone, Jose, says get some legal advice.

[Ed]

Of course you can claim it. Check how much you are owed and put in a claim. The acid test is whether you still want the job. If you claim now I expect you'd be told to bugger off, so you may as well sit out the contract before you do anything. Debt claim therefore limitation period is six years unless your contract says a shorter period.

Incidentally it sounds to me like you're really an employee, in employment law terms, so wait for the contract to end and then at the same time why don't you put in a claim for a redundancy payment?

[Captain Nemo]

find out from the client what the agency invoiced for your time.

agencies are pretty sharp, it may turn out that they have invoiced the client for the bank hols at double time and just not passed it on to you, if thats the case kick up a fuss with the agency not the client.

[L3nny]

It's the agency I am kicking up a fuss with at the moment. However it now looks like they haven't invoiced the client for double time and it's the client who is refusing to pay.

Where do I stand there? Is it the agencies responsibility or the client's?

[Bri w]

Was the agency made aware every time you worked a BH? If yes then it's their fault for not invoicing correctly. Why should you take the hit under those circumstances...

[L3nny]

I fill in a timesheet every month saying which days I have worked so they should have realised I was working the bank holidays.

[Luckypants]

Do you raise an invoice to the agency for work done or just fill in your time sheet? Are you employed by the agency who do all your PAYE etc or are you truly a self employed contractor? I think you need to think about that before you can see who is at fault for not applying double time for working bank holidays.

[L3nny]

I am employed by the agency as a regular employee, they sort out billing the client for all my work. All I do is fill in a timesheet saying which days I worked and whether they were days I was scheduled to work or overtime.

[Specialone]

In that case Lenny, I'm certain that money belongs to you, they are charging the customer for bank holidays and just pocketing the money.

Legal advice is the answer mate, take your contract to them and let them look over it, your company will poo it's pants if a employment lawyer gets his hands on a solid case.

[Luckypants]

Basically what Specialone says, you are employed by the agency and if your contract states double time for bank holidays then you are owed. It is the agency's problem if they incorrectly invoiced your time.

[L3nny]

Thanks for your help guys.

[Ed]

You could always sue both and let the judge decide...

[L3nny]

I know many of you were staying awake all night worrying about this so I thought I would just put you at ease and say I finally got my money. Thanks for your advice.

[Bibio]

yey, well done.

the drinks are on L3nny :-)

[Luckypants]

Good to hear. :)

[embee]

Erin Brokovich eat your heart out, the mighty org win again! :cheers:

[Specialone]

Nice one mate :)

That'll teach them to mess with the org, you getting another bike now with the back pay? ;)

[L3nny]

It wasn't that much Phil, but it's one step further. :)

[Specialone]

It wasn't that much Phil, but it's one step further. :)

:)