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Enforced Leave while under Contract

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    Enforced Leave while under Contract

    My wife has been unwell in Hospital which forced me to take a few days off from my current contract at an investment bank.
    I am now ready to return to work but need to do this remotely (for 2 weeks) from home while she recovers. After an initial agreement with my client key contact(as per contract and effective line manager) his superiors over ruled him. They will not allow me to work until I can physically return to the office. Therefore I am being prevented from working and generating an income. Work From Home is an established practice for all the usual reasons (illness, religious, housing issues etc) at the client.
    Please provide any useful insights as I see this as the client preventing me from earning an income as I cannot work elsewhere while they enforce this decision.

    Also key contract clause:-
    The Consultancy shall be permitted to determine how it will provide the Consultancy Services and, subject to complying with any reasonable operational requirements of the Client, will have the flexibility to determine the number of hours required to provide, and the times during which it will provide, the Consultancy Services. The Consultancy will be at liberty to determine the location at which the Consultancy Services will be provided, but where the Consultancy Services are undertaken at the Client’s site, the Consultancy will comply with any reasonable requirements relating to working hours, and any other operational requirements in relation to that site.

    #2
    If the contract you signed allows them to do this, you have no recourse. Frankly, if my client treated me as they have, I'd leave at the earliest opportunity.
    Down with racism. Long live miscegenation!

    Comment


      #3
      Originally posted by Jazzblogz View Post
      Work From Home is an established practice for all the usual reasons (illness, religious, housing issues etc) at the client.
      .
      For permies. You aren't a permie. You are a supplier and and expensive one at that (in their eyes).
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        I sympathise because I was in the same boat as you whilst my dad was in hospital multiple times during one contract, sometimes for several weeks at a time.

        My client manager was totally supportive and told me to take whatever time I needed to be at the hospital (which was typically two days during the working week.)

        I fitted in as much work as I could by starting very early, working on the train and working at the ward (flaky wifi permitting) but still missed the equivalent of about 8-10 days over a period of months. It was never once an issue though, partly because of the organisation I worked out which was a charity dedicated to helping sick people and also my manager being a good person.

        As above, you should consider if this is really the type of organisation you want to work for in future. Ruthless and cut throat organisations like investment banks don't generally get a lot of brownie points for treating people considerately.

        Comment


          #5
          As you are a ltd company, then you should point out you want to provide the usual services working in your own office for the two week period (which just happens to be your home...)

          Comment


            #6
            Originally posted by electronicfur View Post
            As you are a ltd company, then you should point out you want to provide the usual services working in your own office for the two week period (which just happens to be your home...)
            Which he has done and they said no. Do keep up.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #7
              Sounds like a crap client. Get sorted out, get a new gig elsewhere.
              The greatest trick the devil ever pulled was convincing the world that he didn't exist

              Comment


                #8
                Originally posted by Jazzblogz View Post
                Work From Home is an established practice for all the usual reasons (illness, religious, housing issues etc) at the client.
                Please provide any useful insights as I see this as the client preventing me from earning an income as I cannot work elsewhere while they enforce this decision.
                Seems unfair if permies and contractors can all do this already. Not sure you can force them if they have already said no.

                Are you relatively new in the contract? Maybe it is a trust thing with new contractors, eg they only let you do that after a couple of months?

                Comment


                  #9
                  ey contract clause

                  Originally posted by electronicfur View Post
                  As you are a ltd company, then you should point out you want to provide the usual services working in your own office for the two week period (which just happens to be your home...)
                  This is a key contract clause. For Consultancy read me.

                  The Consultancy shall be permitted to determine how it will provide the Consultancy Services and, subject to complying with any reasonable operational requirements of the Client, will have the flexibility to determine the number of hours required to provide, and the times during which it will provide, the Consultancy Services. The Consultancy will be at liberty to determine the location at which the Consultancy Services will be provided, but where the Consultancy Services are undertaken at the Client’s site, the Consultancy will comply with any reasonable requirements relating to working hours, and any other operational requirements in relation to that site.

                  By the way most of the team are contractors and have wfh days and periods.

                  Comment


                    #10
                    Originally posted by jmo21 View Post
                    Seems unfair if permies and contractors can all do this already. Not sure you can force them if they have already said no.

                    Are you relatively new in the contract? Maybe it is a trust thing with new contractors, eg they only let you do that after a couple of months?

                    Been there since summer. At work punctual, delivered, worked beyond my hours with no notice etc...had one wfh since due to car. Maybe they value cars more than people?

                    Comment

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