Laid-off programmer details "unlawful" last days at Bodycount studio
UPDATED: Codemasters responds.
A former Codemasters employee has accused the publisher of imposing unlawful working conditions and threatening laid-off staff with bankruptcy proceedings for not returning wages "mistakenly" paid to them.
Semi Essessi, a programmer who worked on 2011 first-person shooter at the publisher's now defunct Guildford studio, contacted Eurogamer to detail a long list of grievances held against his former employer.
Codemasters has now responded to these allegations.
"The company has been, and continues to be, in open dialogue with Semi regarding the reimbursement of funds paid into his account following an administrative error, as it is entitled to," Codemasters told Eurogamer.
"As the conversation regarding his personal situation is ongoing, the company has not, as alleged, pursued it as a legal matter with him.
"The company's advisers are now aware of the additional comments that Semi has published and these will be addressed with him directly through the appropriate channels as necessary."
In a whistle-blowing post on his personal blog, Essessi claims that he was not compensated for over 400 hours of overtime he put in over an eight-month period in the run up to the game's launch.
He wrote that the work he was tasked with carrying out "exceeded my job description significantly" and that requests for a pay rise or promotion to reflect that had been turned down by management.
Essessi added that his predicament was by no means unusual in the studio, claiming that he "was most certainly not the worst offender when it came to racking up overtime."
"Pretty much everyone had raised the issue of overtime several times over, but never taken the issue right the way to the top," he wrote.
He alleges that he was promised "time off in lieu" for any overtime worked when he first took the job, but none was ever offered.
When the studio's impending closure and staff layoffs were announced, Essessi took his concerns to human resources who then told him he was not entitled to any overtime pay.
"We appreciate that there was a focus across the whole studio to work extra hours, to get the game completed to the final deadline. However, it was made clear and communicated upfront to everyone that [for] those who did work, no TOIL or overtime pay would be made for those extra hours," read the response from Codemasters' management.
In Essessi's original complaint to HR, he noted that even though he may have opted out of the European Working Time Directive at the start of the project, Codemasters still had a duty to uphold certain legal directives - namely that all workers are entitled to at least 11 hours rest in any 24-hour period, and at least a full 24 hours break in a single week.
"I am sick and tired of big businesses being incompetent and getting away with it because of fear and naivete. I don't like bullies, I never have, I never will."
Semi Essessi, programmer, Bodycount
He insisted that the hours he worked frequently infringed those limits and that Codemasters had made no effort to enforce them.
He also claimed that he had never once been issued with a monthly pay slip "on or before" payday while working at Codemasters - "a small and questionable breach of law".
When the studio shut down weeks later, Essessi and many of his colleagues noticed a "substantial extra sum" had been added to their final pay packets.
"Everyone had received a bit extra and after lots of pub discussion the overriding opinion was that they had seen sense and had decided to pay us all a bit extra to keep us quiet about just how illegally the studio had been running," Essessi reasoned.
Not so. A month later he received both a voicemail and email from Codemasters informing him that he had mistakenly been paid an extra month's wages, and he would need to repay the sum in full by 20th December - just five days away.
"I had already spent the money," explained Essessi.
"I had accrued a considerable amount of debt during the year - some of which for the sake of travelling/moving to Guildford for the sake of Codemasters. It made sense to use it to wipe a big chunk of that out.
"I was also in the situation of needing to find a new place to live (expensive) as well as having transitioned between jobs... and it was Christmas.
"I needed legal advice and they were asking me to repay the money faster than I feasibly could get any. In fact they were asking me to pay by bank transfer as well, meaning I would have to make a payment immediately to have any chance of meeting their ridiculous deadline," he added.
When the deadline passed, Codemasters issued a new date by which it expected payment of 3rd January. Essessi replied stating he would do his best to repay the sum providing he was satisfied that he did in fact legally owe Codemasters the money, "despite the fact that I believe they owe me more than twice the sum they are asking from me as reimbursement for overtime."
When the second deadline passed, he then received a letter from Codemasters' lawyers stating that unless he pays by 20th January, Codemasters will "take your failure to pay as evidence of your insolvency, in which circumstances it will be entitled to petition for your bankruptcy."
"I can't help but feel that Codemasters are being wholly unreasonable about this," continued Essessi.
"They are coming in heavy-handed at a bunch of people - 70 or so - who all received extra money and didn't query it because they all had plenty of good reason to expect it to be a genuine payment.
"After laying us off, after horribly mistreating us, after cocking up the redundancy procedure and best of all, just before Christmas, they are coming at us aggressively because they made yet another mistake.
"I have a general feeling of anger that the redundancy is ultimately down to the people at the senior level... having left a studio to burn through £20 million of expenses without any checks or balances to safeguard the investment, and yet we were blamed for this," concluded his blog post.
"So here I am. I have gone public. You know my name, who I am and what I do. I have nothing to fear from Codemasters or anyone else in the industry - I am in the right - I have been reasonable and approachable and done nothing wrong.
"I write this article now not because I am bitter about redundancy - I've been there before - not because I want to weasel out of paying money - because I am willing to pay it back provided they make it reasonable for me to do so.
"I do it because it is the right thing to do - because I am sick and tired of big businesses being incompetent and getting away with it because of fear and naivete. I don't like bullies, I never have, I never will."
Essessi told Eurogamer that "negotiations are ongoing" and that "the idea of bankruptcy is a laughable threat".
Bodycount on PS3 and Xbox 360.
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Comments (81) Latest comment 4 months ago
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It's a shit business.
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The games industry seams even worse...Hope he wins his case!
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And then they say that Capitalism is better than Socialism.
When in reality non of them work.
Certainly not when people the ones contorlling multi national giant corporations can bring more pressure on the world then governmmnets can do.
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In my view these chaps discussed it in the pub, knew it was dodgy but decided to say nothing and spend it anyway.
No point yapping about it after the bill arrives.
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So all the hours of unpaid overtime mean nothing?
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Seriously Codies have been terrible for ages. Bad news for the dudes who lost out, hope they get their money!
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And having worked in the industry for almost ten years I can tell you one thing: If you take a job there you know about crunch time and you know you won't be paid well and you know it's gonna be tough. If you're a programmer the best idea is to go to a nice big company and write databases or something. You're in the gaming industry because a) you're too bad for important stuff (hard but the truth) or b) you chose so on purpose because you want to work creatively. But noone is there because the working conditions are so great.
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If everyone got the payment too, of course you would expect it to be an end of project bonus or something.
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If he can get other people who worked on the project to also vouch for the fact that they were 'promised TOIL' (as is mentioned in the article), which they never got the chance to use due to the studio closing, then Codemasters owes compensation for this.
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All my mates who work in the industry are either payed for every hour they log or have some kind of bonus/holiday scheme for the extra time they work. Maybe they're just lucky though.
If you're attitude is "tought shit" I think you're part of the problem TBH.
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PRICK
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The old school "crunch or leave the industry" mentality is asinine in the extreme. No matter how dedicated you are to your career in games, your priorities can change. Some developers even find time to start a family. Should we just push those guys aside so we can cling onto the failing long hour culture? You see companies make the same mistakes over and over again. As an industry we don't value experience, we value free pizza.
As a final quick point, one thing I want from my designers is that they bring life experiences to the table. They bring ideas they get from outside games into the creative melting pot and new concepts emerge. If they're stuck working seven day weeks, getting home knackered, what is stimulating them?
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Companies are exploiting human nature. People, especially young people, have this naive view that things will get better. That somehow they will be rewarded for their hard work at a latter date.
Sadly, by your late twenties, you've learned this rarely happens. For the companies that exploit this though, the result is increasingly generic and crap software.
Is there any wonder the games industry is facing such a pronounced downturn in the sales of games when they cost so much, yet are the product of first-world sweatshops?
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The law seems to fall more on the side of the Employer that the employee in the private sector. As always, private business is there to do one thing. Make money for the shareholders and bosses, and screw the little people.It seems a little more balanced in the public sector. A little.
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The UK has a few laws that protect the citizens from unreasonable demands for money. Instead of whining on a blog, Essessi should get down to the Citizens Advice Bureau, get some info, and tell Codemasters what they can do with their demands.
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Except they didn't give us the money then ask for it back, we just never got it.
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"The company's advisers are now aware of the additional comments that Semi has published and these will be addressed with him directly through the appropriate channels as necessary."
Does anyone else think this is a veiled threat?
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Yep, it's so easy to resign when you've just put yourself into debt getting yourself moved and set-up in a new town for a job...
Although I've not worked with Codies directly, their lax attitude to contracts and payments resulted in some tough times at my past studio, resulting in debts I'm still paying off.
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"I had been grumbling about these things before the redundancy was announced and pretty much everyone had raised the issue of overtime several times over, but never taken the issue right the way to the top in a serious way." Why not? Grumbling doesn't get anything done, if they were that concerned then they should have raised it immediately and got answers. If the answer had been "Don't worry we'll pay" or "You'll definitely get TOIL" then his case would be a long stronger.
And spending the overpay was a mistake too, he should have clarified if the payment was correct with the company rather than deciding with his co-workers 'after lots of pub discussion' what it was for.
His EWT points are all very fair though.
NB I think excessive unpaid overtime is completely out of order, and one of the worst things about this industry. And Codemasters don't come out of this story sounding great either.
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We seriously need a union.
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"As someone who is interested in the games industry and with everything I've heard about it"... but not worked in it, which explains a thing or two.
As in most parts of life, bad news flies further than good news. The majority of the games business is a perfectly nice place to work, and to suggest that anybody who comes across bad practice shouldn't be surprised because "its all like that" and "You either love your job and want to spend every waking hour in it, or you leave the industry" is just plain naive.
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Thanks also to Eurogamer for bringing this story to public attention.
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Even at minimum wage, which I'm sure their pay exceeds significantly, that is almost £3000 he just took a random persons word for. Get it in writing!
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Its all very well laying down advice with hindsight. All this talk of "he was a moron - he should have got it in writing" etc is easy to throw out when everything is laid before you for consideration, without any of the actual issues or barriers to face (such as getting ballsy with your employer and drawing lines in the sand).
So he had a verbal agreement that overtime would be paid in cash or time. Maybe he would have hoped for that in writing, but what are people actually suggesting? That he demand it in writing, or walk out the door? With rent to pay? With a debt to clear? With the perfectly reasonable hope that things will actually work out ok?
That last one seems to be the one that people dismiss far too easily in my book. "Better the devil you know" exists as a cliche because it is a common sitation. If you have worked at a company for a while, you have no direct comparison to make so you can lose track of what is good, bad and acceptable. You also don't want to go through the enormous hassle of finding another job (anyone who suggests it is easy is almost certainly still living with their parents), so you kind of hope it gets better soon or works out well in the end. It happens all the time, and its perfectly normal and human, and it doesn't mean the people involved are morons or spineless.
Being an armchair critic is easy, as is handing out advice after the fact which you never had to back up with your own action.
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Having worked in the industry for a good few years I can assure you that one of the reasons why there so many devs in the UK is the countries' flexible, pro-employer laws (very low wages compared to other countries is another one). Only in the UK I was asked to opt-out of several 'rights' and to agree to lenient rules. Not in other European countries.
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What exactly are the employers going to do? "Right, so we've verbally agreed that you'll give me over £3k in time off and some non-specific point in the future - could you make a quick note to that effect, which will take 2 minutes of your time?"
While not wanting to push the point after them refusing to put it in writing is understandable - them refusing such a quick, basic task would imply they had no intention of honouring it. People lie - a grown man really should have figured that out by now.
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Now all of your last post makes perfect sense, up until the bit where you replace "moron" with "a grown man". Is it so hard to just accept that perfectly sensible people make mistakes in pressured situations?
THAT is what I am on about with referring to the Just World Fallacy (and that bollox natureboy wrote earlier about it not happening if everyone had just worked harder). Contrary to popular belief, smart people get conned, or make daft mistakes, or do without thinking, or make decisions they quickly regret EVERY DAY.
And as Stagga asked earlier, if their refusal to put it in writing rang alarm bells, what should his next action have been in your book? Just leave? He probably did worry they wouldn't honour the agreement, but his options were limited. That is life - not always fair, or easy, and sometimes without a perfect solution available.
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And yes, smart people do make mistakes. Perhaps it would have been more apt for me to call his actions moronic - I didn't actually meant to imply he was a moron himself (despite it reading like that). Obviously he isn't to get to such a position.
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We seriously need a union.
Did BECTU ever follow up with the industry? They said they were planning to represent people in the games industry a while back but I never heard anything more from them
But then theres a significant amount of randian douchebags in the industry (Never buy a Freeverse game, kids) that means it's probably going to be a pain in the ass for to get one properly off the ground.
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The same IDGA that had Tim Langdell on the board? A corrupt little troll for over 20 years. No wonder IGDA is quiet on the issues of crunch time, WTD, etc
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Except on his blog there's an actual scan of the legal letter he received, the lying shitbags. If you're going to bullshit, don't do it when there's evidence!
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opting out of the European Working time directive, doesn't mean that the company can force you to work more than 48 hours. You still have a choice on wether you want to or not, but if you do it isn't illegal.
Company asking you to do more than the 48 hours is fine. Company telling you that you will work over 48 hours is illegal, no matter how they try to put it
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But man that does suck all these people losing jobs because of a shit game director/producer and then gettin burnt by the company.
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That could just mean that the publisher didnt pay for a load of full page adverts on the site.
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Huh huh, huh huh
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Bottom line: his complaint about overtime and the rest might get a more sympathetic response if he'd reacted in a more honest way about the overpaid wages.
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He should be more proactive with trying to get his overtime he thinks he's owed just the same as they are for money they think they're owed.
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that way one or the other would have presumably own a small amount of money.
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But the entertainment industry itself has always relied on the desperation of its creators along with the piracy. Music, film, games, theatre, art, all of it pays like crap until you get to the top, you'll also get ripped off along the way, you won't always get to the top either.
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Friends told me I should have just kept it, as they have in similar situations. Maybe I'm too honest.
I am 100% behind Essessi on this one though. I feel his frustration, anger, anxiety and sense of complete injustice. Last time I buy a Codemasters game I think.
This is exactly what's wrong with the world. People who want to work hard for a living are trodden on by companys running wild in a non-policed capitalist world. It's just easier to have kids and live off the state and I'm starting to find it hard to blame people for taking this path.
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Be a hobbyist independent developer.
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Vocal agreements are WAY more common then you probaly ever imagine(and yes this does include smart people and morons to put it in your words)
During your job interview you might be given nods when you ask about payment for overtime and such. When they offer you a contract it's possible you think they included these nods but they didn't.
This is just one of the many examples. And you say you documented all your overtime. What if your employer just told you: ''Sorry jack, we only promised you x money for x hours and not a full payment for all your x overtime(could be written in your contract which you overlooked or another vocal agreement)? You can say all you want regarding your ''documents'' but it alone won't help you in some cases.
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- Try to take the high road, say that even though they are legally right, they will let people keep the money, for their hard work and commitment
- Continue to be douches and try to scrounge back maybe 100k GBP and antagonize a fuckton of gamers and potential employees or customers
If i was codies, i'd try to rescue the situation as best as i could, cause god knows i'd be wanting customers.
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