Change of Location Halfway Through Contract

[northernladyuk]

What, you mean act like a business?!

No, I mean act like a business owner.

[blacjac]

I haven't been in this game for that long but I've seen similar clauses I thought it was pretty standard practice.

Anyways, yeah through my own Ltd and I had the contract reviewed with a pass.

No, definitely not standard.

I certainly wouldn't sign a contract for service where the client could one day just 'move me' 15 miles down the road, and I suspect most others wouldn't too.

[Lance]

No, definitely not standard.

I certainly wouldn't sign a contract for service where the client could one day just 'move me' 15 miles down the road, and I suspect most others wouldn't too.

Correct.
I would expect the schedule to define any location as either a named place, my office/home, or ‘to be agreed with the client’.

[MattFromEarth]

Cardiff to Bristol is about 1hr 40 by Car. For a short term of 4 months I'd be tempted to drive it each day down the M4 and claim to mileage. Alternatively stay over for 2 nights a week and drive the other 3 days. If the company is in the centre of Cardiff take the train from Swindon to Cardiff which is also an easy option. 4 months quickly passes and if at the end of it you find it all a bit too much don't extend the contract and look for something closer to home

[SueEllen]

I haven't been in this game for that long but I've seen similar clauses I thought it was pretty standard practice.

It isn't standard practice.

Even as a permie a company, your employer, cannot just make you move office locations like that. They have to first give you "reasonable" notice and what is reasonable depends on your particular situation. For example if there are roles you can do in other sites near by then you can refuse to move office location completely, however if you are on a graduate scheme where you were informed you would move around the country every x months then by refusing to move, without a good reason, then you are the unreasonable one.

In regards to contracting - I always have it agreed what locations I will work in and if there is an opportunity to travel which I agree with, then I ensure any such clause is amended to make clear that any locations outside the agreed one(s) I will be claiming travel expenses.

Anyways, yeah through my own Ltd and I had the contract reviewed with a pass.

Always read your contracts properly for clauses like this regardless of who is reviewing it, and ask questions about clauses you are unhappy with.

[billybiro]

They're not robots, they'll understand the difference between Swindon and Cardiff

They will understand, but they're highly unlikely to care.

[northernladyuk]

They will understand, but they're highly unlikely to care.

If only there was some way to find out.

[ChangePM]

A similar situation happened to me recently.
I chose to have a conversation with the client, explain that the situation wasn't going to work for me and we agreed to terminate the contract immediately via mutual consent. I basically had to walk out and look for another gig. It's not ideal, but something that I've learnt from.

If you know that it's not going to work for you, my advice is to tackle it now and deal with it asap. "Giving it a go" and having to "grin and bear it" will do your head in and you'll end up resenting the client and the people you're working with.

That said, if you can arrange some level of compromise that will benefit everyone in the short term. Can you work in Swindon on Monday and Friday, Cardiff Tuesday to Thursday?

Good luck, hope it works out.

[washed up contractor]

Good evening everybody,

I feel I am answering my own question here but, nonetheless, I am going to put it out there anyway because I feel I have been put in an unreasonable situation.

I am 2 months into a 6 month contract for a software house in Swindon. The ultimate end client is a public sector client in Cardiff. I have just been informed that my team is required to relocate to Cardiff for the remainder of the duration of the project. This would be too long a journey to commute on a daily basis and would require me to find lodgings from Monday to Friday.

I feel this is entirely unreasonable but I do have that standard clause in my contract which states that I should be prepared to work wherever required, yes - that one that we probably always ignore. On the other hand, I was hired to work out of Swindon. If the ad had mentioned working out of Cardiff I would never have applied.

I do actually quite enjoy the role but I'm not prepared to stay away from home. There is no financial recompense on offer either.

Just wondering if anyone else has been in this situation? I'm getting the feeling I'm either going to have to like it or lump it.

It is not unreasonable for the client to do this and you have acknowledged the clause in your contract. It means what it says; that you may be required to work in locations you do not want to go to.

As you say, you answered your own question. You either do it or lump it.

[jfazzie]

Had similar happen to me, that's the nature of the business we're in.

In the past, if it's been a massive shift in location, I've sucked it up and pushed for a rate rise to compensate the extra expense and negotiated for reasonably flexible hours (although it hasn't always helped my relationship, wife expecting role in Leeds and ended up working in Edinburgh as one example, but it's nature of the beast).

I see any rate negotiation as a business case, it's all about risk mitigation if you present it in the right way.

Either lose a valuble resource on the project and potential delays if they have to go out to the market, or pay a bit more and keep someone whose dedicated to ensure the successful delivery of the project.

Not sure what services youre providing, but can't think of any of my clients saying no. They have all been reasonable and accepted (it's a two way street), maybe I've just been lucky.

I wouldn't go without prior negotiation, it'll just eat you up and make it difficult to justify at a later date.