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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44352
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a software developer of 26yrs (videogame development) -

Customer Question

Hi - I am a software developer of 26yrs (videogame development) - I worked on a project for Microsoft and was tasked with finding solution to a project cancelling issue - I did and project was successfully released and sold 2m+ units, many industry awards. I was brought into meeting and asked to find a solution - not in my job description by any means - and I feel I should have been financially compensated - didnt even receive a bonus. Have proof of software fix etc
Submitted: 3 months ago.
Category: UK Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Were you working as self employed or an employee?

Expert:  Ben Jones replied 3 months ago.

Hello, not sure if you saw my initial query above - Were you working as self employed or an employee?

Customer: replied 3 months ago.
Hi - I was a salaried employee of a company developing for Microsoft Games (Realtime Worlds - now defunct) - I was a Senior Artist taking place of Lead at times on project called Crackdown for XBox360 - this was well beyond my job description.
Am happy to take call - but need a bit more info before paying £40
Expert:  Ben Jones replied 3 months ago.

Thank you. Under law you will not actually have the right to be financially compensated at this stage. Any compensation will be at the employer’s own discretion or if it was allowed under contract. The fact that this was not included in your job description would not make a difference unfortunately. If this was not part of your duties then you could have challenged it at the time and informed the employer that you either are not prepared to do it, or if you were going to do it – you would do so if appropriate compensation was agreed. If you had then agreed such compensation it would have become binding and it is what you would have been entitled to. Similarly, if you had agreed to do it at the outset but it soon became clear that it was going to become quite involved and not just a small job you were dong as a favour to the employer, you should have brought that to their attention and tried to negotiate appropriate compensation or advised them that you are not able to continue as it is not a contractual requirement for you to do so.

However, if you had accepted the instruction to do this work and did so without challenging them or agreeing any compensation, it would be implied that you had accepted it as it is. As you are a salaried employee, not a self employed worker, you would have been paid for the time you worked for the company anyway, even if it was not doing the contracted duties expected of you. As such the law would not entitle you to any additional compensation I’m afraid.

You may still try and negotiate that with the employer but if they refuse, legally it would be difficult to take the matter further.

This is your basic legal position. I have more detailed advice for you in terms of the options you have to challenge this internally, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 3 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 3 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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