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UKSolicitorJA, Solicitor
Category: UK Employment Law
Satisfied Customers: 4312
Experience:  solicitor
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Hello, this is going to be a complicated question - my friend

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this is going to be a complicated question - my friend works as a self employed Polish-English translator/interpreter in Northern Ireland. She cooperates with the Translation Agency, which reserves the right to not supply regular job commissions. Payments are made based on time sheet filled by the client (quantity of hours + plus cost of travel). The Agent reserve the right to deny payments if time sheet is filled wrongly and/or incomplete.
Last month my friend had a translation job to do at Psychologist. The session was supposed to take 4 hours of time, however the client didn't filled the box with number of hours and forwarded time sheet to the Agent. the client didn't filled the time sheet again when my friend requested it, just they confirmed quantity of hours via email by the office administrator. Apparently the Agent is not used to confirms accurate quantity of hours of work, and the psychologist job took only an hour plus 2 hours to travel to and back. The question is can she expect and request the accurate and confirmed information regarding to length of the commission and if the real time is shorter than expected can she claim the difference back? The Agent has no T&C defining such conditions.
What is she supposed to do then?
thank you

The issue here is that the Agent has reserved the right to refuse payment if timesheets are no correctly filled or are incomplete.

She should get the client to correctly fill in the timesheet for the particular assignment/day so that she does not have an issue with the Agent.

Unless she has a contract with the Agent saying so, the Agent does not have to give her details of the commission that the Agent receives from the client and/or how much time the client paid the Agent.

Hope this clarifies. Please leave feedback

Customer: replied 4 years ago.

yes, but the thing is that agent said that session will take 4 hours, but took only 1 hour. can she claim the difference? because based on information she got form the agent she may plan her day and cancel for instance other activities.

She can only claim the difference if her agreement/contract with the Agent says she is to be paid for the estimated time of an assignment rather than the actual time.

Otherwise she cannot claim the 3 hours difference I am afraid.
Customer: replied 4 years ago.

what if the job commission has been canceled, can she be paid for that anyway?

It all depends on what has been agreed.

All the best
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