Working From Home

**jamesbrown** · 21 January 2016, 00:10

Originally posted by Paddyd View Post

Hi All

I wonder if you could help me.

My contract says I can work from home, and have done for a number of months. Recently, I have had a new manager and he has told me he wants me in the office. I said that my contract has a clause in it that say that I can work primarily from my business address and attending the office in agreement with the client for workshops / meetings etc etc. His response was that he doesn't give a damn what my contract says !

I have said I have no problems being in the office, but would like to work from home one day a week. He has cut up funny about that aswell.

Could I gain some views from the posters on here ?

Many Thanks

Paul

Sure, it's pretty straightforward. If your contract states that the services can be provided from your own premises, that's precisely what can happen. If it's fettered in any way (e.g. conditional upon approval from someone or any other conditions), those conditions also apply, as agreed.

The question is really about how you want to handle this. You can assert the contractual terms as written, by indicating politely that you will be working from your own premises. They will then need to make a decision. Either they accept the contract, as written, or they choose not to offer further work or to invoke a termination clause (as applicable).

However, be under no illusion that, unless you're very important to your client and/or the client's representative is exceeding his authority (very possible), the likely outcome is that you will not receive further work from them. It is also likely that you will be unable to claim any compensation for that (subject to what is written in the contract). Obviously, they can only invoke a termination clause if the conditions are met, but it's generally straightforward not to offer any further work.

My 2p. I would immediately force an issue like this to its logical conclusion because the moment a client fails to abide by one of the contractual terms, they could potentially ignore many others. Riding roughshod over the contractual terms also doesn't bode well for your IR35 situation (assuming you're working outside).

**northernladuk** · 21 January 2016, 00:29

Very nice post but I'm not in complete agreement with the last paragraph. This sounds more like a managerial style issue not a contractual one. I'll be willing to bet he's got no control over then other terms and probably doesn't care about them. All he appears to be bothered about is the aspects that affect his management of you. I do think your IR35 situation has suddenly changed but more around the fact this guy is gonna try D&C you.

What exactly does your contract say about working from home. The wording is absolutely crucial here.

I think you are going to have to make some tough decisions here and be ready. If you absolutely refuse to work as he wants then you've got to be prepared to leave, and possible at very short notice. Sometimes the most important thing the is what the client wants and not what is in the contract. If he's got any sway at your client it's entirely possible he says work in office, you claim contract breach, he says poor performance (or however it's phrased in your contract) and walks you there and then. Although it's technically contract breach I can't seeing it that helping when push comes to shove.

**northernladuk** · 21 January 2016, 00:33

Oh yes and where it's highly possible the bloke is just an arse can you honestly say there has been absolutely nothing you've done that might question your quality of your delivery that has brought this about turn on? Away from your desk a bit too long, never answering phones or returning calls? The slightest thing can get the client wondering.

Why do you have a new client manager as well? Old one not running his team very well so he's been moved sideways?

**jamesbrown** · 21 January 2016, 01:21

Originally posted by northernladuk View Post

This sounds more like a managerial style issue not a contractual one.

At the moment, that's all it is and, as I mention, the manager has probably jumped the shark (i.e. doesn't like contractors and would prefer to treat them like permies). That said, it's not a situation that's likely to end well in terms of procurement/HR taking a different view and IMO it's better to force the issue sooner rather than later. Actually, I'd personally be looking for something else immediately (it's a classic personality type, the first in a long line of hassles for the OP), but I understand that isn't how everyone would react. You could also opt for the latter and look for something now, without pushing the contractual issue further, but it means the OP will be onsite.

**SueEllen** · 21 January 2016, 06:43

I had a situation years ago where due to illness and project deadlines I was allowed to work from home when I needed.

A new manager came on to the project and made a fuss. In my case because had proved I was effective and they already binned another contractor, this manager was told by 2 other managers to STFU and leave me to it.

If this manager had pushed it I would have left.

If you are going to force it to a conclusion make sure you have proof this manager said you had to work on-site. Lots of people are cowards and will deny saying things if it's not on paper or other people are there to hear.

**Contreras** · 21 January 2016, 08:29

The contract matters in respect of whether the OP could be held in breach, but the practical outcome, if neither party can agree, is no different than if WFH policy had been set by precedent.

It could be that WFH hasn't been working out and the manager is rightly trying to set things in order, but the "response was that he doesn't give a damn what my contract says" rather suggests a micro-managing control freak. Managers like that always end up with the weakest teams.

Only reason to go back on site IMHO would be to preserve a reputation and not become the fall guy for why this manager's project will ultimately fail. I'd be looking for something else, or looking forward to some bench time.

**clearedforlanding** · 21 January 2016, 08:54

Originally posted by Contreras View Post

The contract matters in respect of whether the OP could be held in breach, but the practical outcome, if neither party can agree, is no different than if WFH policy had been set by precedent.

It could be that WFH hasn't been working out and the manager is rightly trying to set things in order, but the "response was that he doesn't give a damn what my contract says" rather suggests a micro-managing control freak. Managers like that always end up with the weakest teams.

Only reason to go back on site IMHO would be to preserve a reputation and not become the fall guy for why this manager's project will ultimately fail. I'd be looking for something else, or looking forward to some bench time.

That's not a reason. Wether he/his project sinks or swims is unlikely to have an impact on your contracting career.

"Managers like that always end up with the weakest teams." - That's an opinion or assumption however your want to look at it. Often narcissistic pricks do very well in the corporate world.

You sound like you would be unhappy working under the terms you have cited and you managers style. Start looking & choose whether to:

1) Grit your teeth
2) Spend some time on the bench
3) Call his bluff

On point 3, it is not implicit that a manager has the authority to terminate a contract.

Finally, have you talked to the agency? Ultimately your contract is with them, unless you are direct. If so what did they say?

**SueEllen** · 21 January 2016, 09:04

No point talking to the agency in that situation as they will back the client as that's their paymaster.

Sort it out yourself and if you need to leave then hand your notice in as appropriate.

**clearedforlanding** · 21 January 2016, 09:14

Originally posted by SueEllen View Post

No point talking to the agency in that situation as they will back the client as that's their paymaster.

Sort it out yourself and if you need to leave then hand your notice in as appropriate.

I disagree, I have experienced a very competent agent resolving a similar issue early in my contracting career. He didn't contract wave, he was simply a more experienced negotiator than I.

Push come to shove they will back the client, but saying that there is "No point talking to agency" when OP has nothing to lose by doing so doesn't feel right to me.

Working From Home