Additional hours when working away

Hi all,

I wasn't sure whether to put this in the accounting/legal section... but I have a contract which states the following:

£n per day - minimum 9 billable hours per day
£n x 150% - minimum 13.5 billable hours per day if agreed in advance with the line manager

My contract is with my agency, but my end-client is a consultancy, who in turn work on their end client's site at the moment (about an hour away from where I live).

I've been asked to spend 3 days away from home, nearly 4 hours away from where I live, which means I'd need to stay in a hotel overnight rather than making an 8 hour round trip.

As I'm away from home, and therefore unable to do any other work, am I entitled to bill for the 13.5 hours since they've, in effect, asked me to work a 24 hour day? I assume that I'll still only be doing less than 9 hours of actual work, but if they want me to stay there for those days, I assume I would be able to bill for the additional time?

I haven't discussed this with the end-client yet - just thought I'd seek some advice before having the discussion with them.

Cheers,
aytri

[cojak]

No, the client is NOT asking you to work 24 hours a day. The client doesn't give a stuff where you live or what you do when you're not at work.

It's your choice as to whether you choose to work away from home or not.

Of course they may bin you if you don't - but that's their choice.

[aytri]

No, the client is NOT asking you to work 24 hours a day. The client doesn't give a stuff where you live or what you do when you're not at work.

It's your choice as to whether you choose to work away from home or not.

Of course they may bin you if you don't - but that's their choice.

What about the travel time? If they ask me to travel an additional amount of time which pushes me past the 13.5 hour threshold, would that count?

[cojak]

What about the travel time? If they ask me to travel an additional amount of time which pushes me past the 13.5 hour threshold, would that count?

So what about it? This is contracting, not permiedom. Traveling is your problem, not the client's (or the agency).

Traveling to the other end of the UK or Europe - your problem.

Do it or don't do it - but don't expect the client to pay for anything other than the work.

(I haven't had expenses paid in addition to my rate since 2007, and NEVER traveling time.)

[cojak]

I would ask them if they'll pay for your hotel and mileage from your base/home office - they may say yes.

[aytri]

So what about it? This is contracting, not permiedom. Traveling is your problem, not the client's (or the agency).

Traveling to the other end of the UK or Europe - your problem.

Do it or don't do it - but don't expect the client to pay for anything other than the work.

(I haven't had expenses paid in addition to my rate since 2007, and NEVER traveling time.)

Thanks. There's nothing in my contract that specifies a place of work - so I guess I can reasonably refuse to do it unless they pay an additional rate. I would probably be fine with doing it if I were to get the rate + 50%, but I wouldn't want to do it for my normal rate.

How would you approach discussing it with them?

[aytri]

I would ask them if they'll pay for your hotel and mileage from your base/home office - they may say yes.

They'll pay for the hotel, and for the train fare - although I'd rather have the mileage!

Travelling will just be a pain in the a**e, so I was wondering whether it would be poor form to mention the £n+50% clause in my contract.

[cojak]

Thanks. There's nothing in my contract that specifies a place of work - so I guess I can reasonably refuse to do it unless they pay an additional rate. I would probably be fine with doing it if I were to get the rate + 50%, but I wouldn't want to do it for my normal rate.

How would you approach discussing it with them?

It depends on what was said about working 'away from home' at contract interview time. And what your contract says.

But basically just tell them that it wasn't mentioned at interview and you want to talk about accommodation and mileage expenses.

[cojak]

They'll pay for the hotel, and for the train fare - although I'd rather have the mileage!

Travelling will just be a pain in the a**e, so I was wondering whether it would be poor form to mention the £n+50% clause in my contract.

Then if I was the client I would just ask you if you're cut out for this contract; if you don't like it...

But hey, why not give it a try - they can only say no (maybe).

[aytri]

Then if I was the client I would just ask you if you're cut out for this contract; if you don't like it...

But hey, why not give it a try - they can only say no (maybe).

It's got to be worth a shot. There was never any mention of travel like this when I met them initially. The first I've heard of it is today, so I'm tempted to push back on it unless they're prepared to pay the additional rate.

Just don't want to get binned two weeks in!