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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 10265
Experience:  30 years experience as a solicitor.
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I work a freelance gp locum. Last year I worked at a practice

Resolved Question:

I work a freelance gp locum. Last year I worked at a practice and agreed a set fee for an 8 hour day. After I had been working there there the partners instigated that if any late visits came in they should be given to me before any of them. They did this without consulting or informing me. Once it had been in operation for a while I began to suspect that late visits were not being allocated equitably. I asked reception about how they were being allocated and they informed me what they had been instructed to do. I spoke to the practice manager about invoicing overtime for these late visits and was told I should. This was at the end of August. I began to itemise the late visits in September. For my August invoice I billed for what I felt was a very considerable underestimate of the amount of extra time I had done although it was not itemised in my diary.
Astoundingly the practice manager was sent to prison for fraud. The practice are saying they want to overtime I billed for back. Eventually they accepted that because the visits were itemised in September they agreed that should be paid. For August they will not because the time was not itemised as it happened. They are threatening to go to the small claims court if I do not return this money. I wanted to ask where I stand legally with this as I am very clear that I did this work and have not billed excessively?
Submitted: 1 year ago.
Category: Employment Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Can you tell me if there was any written agreement in relation to you working outside the eight hour day?
If there was no written agreement was there just the verbal agreement with the practice manager that you should invoice your time?
Customer: replied 1 year ago.

There was not written agreement, it was a verbal agreement.

Expert:  JGM replied 1 year ago.
Verbal agreement is binding in this situation and you can rely on it
Customer: replied 1 year ago.

There was billing for overtime in September which was itemised. There was also billing for overtime in August that was not itemised because I did not know what they had done hence my delay in itemising it. They are now saying because the August billing was not itemised they will not accept it and expect me to pay it back. They do accept the billing for September. How do I stand legally for the billing in August?

Expert:  JGM replied 1 year ago.
You are entitled to be paid for your work so you don't have to pay them back. If they sue you for overpayment, they have to prove their case, not the other way round. You can argue that you worked the amount of hours you billed for even if it's not itemised. It's very unlikely that they will try to say that you didn't work in August.
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 10265
Experience: 30 years experience as a solicitor.
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