Dilemma over existing contract

[northernladuk]

Right, sorry to wade in here and be unpopular but lets play devils advocate here and remember WHY you are having to work from home.

You are injured. It's one of the risks of our business. You have to work from home for a medical reason which probably means you are less than productive as well for the same medical reason. You are required to attend meetings which you can't therefor not fulfilling your role to the extent required. You are saving money on the travelling etc and the client has no control over you... and lets face it... working from home <> the same amount of work if you were in the office especially when you are carrying an injury.

The fact the client hasn't just made you go home on no rate surprises me. Knowing the lack of knowledge some managers I have worked with around the contracting world I am surprised they let you work incase you turn around to try and sue the for making your injury worse through enforcing work. I know, I know, they can't do this legally etc but not all managers are aware. They could just do it to cover their ass's.

Personally I think you are lucky to be able to work while injured and for 50 quid a day less I think you have fallen on your feet (instead of your elbow!!). Take it and keep schtum!!

What most of the guys are saying here is legally and technically right, I accept that, but what is legally and technically right does not mean it is what is going to happen on the floor. It might not say you have to work in the office in your contract and you probably have every right to work from home so but how well is that gonna go down at work when you storm in and slap that one on him. Lets have a dose of reality here.

Play devils advocate. What would YOU do if your contractor injured himself and wanted to work from home? I wouldn't put up with him being injured on full pay in a situation that suits him for a start. He gets paid silly money for a job with risks he is fully aware of, a risk turns in to an issue so its his problem to deal with it. 50 quid drop if you please.

And you seriously can't afford a 50 quid a day drop? Maybe if money is that tight you shouldn't be playing so much sport and protecting your income in a tight period??

One big thing that makes all this advice giving difficult is knowing your relationship with the client. If its purely business down the line then I stand by what i say. If it is a very amicable one then maybe what I say is a tad harsh but still felt it needed to be said

[RichardCranium]

As you are working from home (so don't have the commute) offer to chuck in a free hour or two?

That's one sweetener: if your commute was two hours a day say they can have an hour free from that each day you don't commute BUT the money stays the same.

Another is to offer a more detailed timesheet showing the hours you have worked and high level tasks. That should allay their piss-poor-management skills. Eventually they will stop looking at it once they trust you.

Another is to offer to have some form of instant messenger running during working hours; that way they can contact you immediately and/or see if you are skiving all day. Skype can do that for them.

Finally, simply say "I cannot afford to work here for less. If you decide to put yourselves in breach of contract by refusing to pay the agreed rate, I am entitled to walk and provide no documentation nor any handover and that is exactly what I shall do. I shall also seek legal advice to recover my losses." That'll make their hard-nosed business managers wake up and realise you can play that game too.

[dave_m13]

Tell them as you are working from home under your own insurance etc etc that your rate is going up £75 per day forthwith.

Excellent, made me smile, first time today

[BolshieBastard]

Tell them as you are working from home under your own insurance etc etc that your rate is going up £75 per day forthwith.

[thunderlizard]

if I do not agree I can quite easily see the outcome (Just the way the company directors are)

That's as maybe but don't do their negotiating for them. Make them say what the alternative would be. Put yourself in their shoes: they need a job doing and they want to do it as cheaply as they can. No harm in them trying it on, even if they don't have a leg to stand on contractually.

Your first response should definitely be to point out the contract that they signed, and how it doesn't specify particular premises but it does specify a particular rate.

For sure lots of people say they'd give their right arm for a contract, but they don't mean it literally!

[dave_m13]

Does your contract specify where you work, or are you allowed to work from home?

Does your contract allow the client to vary the amount that your company is paid? I'd be astounded if that were the case.

You are perfectly within your rights to say no - if they are cutting the rate then there needs to be a new contract drawn up agreeing the new rate and conditions. However, they are within their rights to give you whatever notice is required in the contract to terminate it.

From here, you need to negotiate with the client, really. If you can't afford for them to cut the rate by £50 a day, then you certainly can't afford for them to terminate the contract (unless you have lots of other irons in fires and think you will be in a new role quickly). Maybe you need to agree to be on-site for two days a week (and get there somehow) for the important face-to-face stuff, but not cut the rate for doing that.

If they insist on cutting the rate, ensure that the new contract allows you to bill any travel expenses from your company place of work to theirs. If they are going to be paying you less because you won't be on site (and it sounds like it's an excuse to me), then you need to make sure that for the occasions that you are on site, that they are increasing your rate to cover this. Then get a limo in every day and bill the b'stards for being so callous.

Thanks very useful information from your all.

What I do is quite Niche, there are quite few companies around that require the skills but it can also be quite difficult to find them.

Contract does not state where I work but am required to provide an office. No they cannot change the payment rate at all in the existing contract.

Yes sounds like a big excuse to me to be honest, I actually have got more work done in the past 2 days than I normally would as I do not get bothered by anyone asking for assistance. I also can start earlier and finish later as I do not have to drive 60 miles there and back.

Oh well its there decision to do what they have tried to do.

[Zippy]

Ok. Try not to go every day though. As you are working from home (so don't have the commute) offer to chuck in a free hour or two?

[dave_m13]

I know that it should not be possible to vary payment terms but if I do not agree I can quite easily see the outcome (Just the way the company directors are)

Database Services, unfortunately not really what I do, only a small part of it. Been trying to get this changed without success as yet.

Its 60 miles away, so do not think a taxi would be worth it to be honest, if there was anyone that lived near me would ask unfortunately not. Just going to drive in and look for something else in the meantime.

[Zippy]

You seem to be saying that you can do your job just as well from home - with the exception of attending meetings? If this is the case, a 50 quid drop seems unreasonable to me. If you need to participate in a meeting or other discussions why can't you attend via Skype or a conference call?
How many meeting do you have to attend per week? If only one or two perhaps you could arrange to go in on those days - get a lift or a cab as previously suggested.

[TheFaQQer]

Does your contract specify where you work, or are you allowed to work from home?

Does your contract allow the client to vary the amount that your company is paid? I'd be astounded if that were the case.

You are perfectly within your rights to say no - if they are cutting the rate then there needs to be a new contract drawn up agreeing the new rate and conditions. However, they are within their rights to give you whatever notice is required in the contract to terminate it.

From here, you need to negotiate with the client, really. If you can't afford for them to cut the rate by £50 a day, then you certainly can't afford for them to terminate the contract (unless you have lots of other irons in fires and think you will be in a new role quickly). Maybe you need to agree to be on-site for two days a week (and get there somehow) for the important face-to-face stuff, but not cut the rate for doing that.

If they insist on cutting the rate, ensure that the new contract allows you to bill any travel expenses from your company place of work to theirs. If they are going to be paying you less because you won't be on site (and it sounds like it's an excuse to me), then you need to make sure that for the occasions that you are on site, that they are increasing your rate to cover this. Then get a limo in every day and bill the b'stards for being so callous.

[jim2406]

I rushed back to on-site work once after shoulder surgery and regretted it.

Health is most important - if the activity risks damaging the repair, don't do it.

The last thing you need is a remedial operation!

[Spacecadet]

If you can't drive...

how much would a taxi there and back cost? You might be able to get a decent rate from a private hire company seeing as how you'll need them everyday for a few weeks

could you arrange to get a lift from one of the permies?

[pzz76077]

What options does your contract allow??

What commitments have you signed up to on your side??

What has client co committed to??

Once you know what is possible, the decision should be easy.

One small comment, I would not of thought that they would be able to vary the payment terms of the contract unilaterally and without a contract variation being signed by both parties.

PZZ

[dave_m13]

Hi All

I would like opinions please.

I have been working for company for 6 months now, contract extended again for another 6 months. Working direct.

Had an unfortunate accident playing sport last week will need 6 - 8weeks to mend fracture in elbow and now have to work from home. I was going into the office because I felt it benefitted the project in doing so. I have access to all servers etc via vpn. The only thing that I cannot do is attend meetings (To be honest I do not think I should be there anyway).

As of today had a call from the contract person within the company stating that as I am now working from home they will cut my rate by £50 a day, rate is not all that great anyway.

So basically have a dilemma do I just lump it and take the drop (Cannot afford to do so though). By making me take the drop they are almost implying that the contract should be at their office therefore inside IR35, of which I am not. There is nothing in the existing contract at all.

Do I just drive in and keep my existing rate, though its almost as if they are saying that I have to or take a drop in pay, inside ir35. Also the doctor advised I shouldn't because of where the fracture is as it may be painful.

To be honest well and truly being screwed.

Would like to tell them where to go but not that easy.

Opinions please