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Client not paying for remote work during paternity leave

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    Client not paying for remote work during paternity leave

    Hi.

    So months ago (9 to be precise, not a coincidence) I agreed verbally with a client that I would be working remotely during a few weeks of paternity leave, the person at the client's has now asked me to take time off until I can start coming back to the office.
    First of all, I am holding off the handover of all the work I have done remotely and wondering what the best approach is.
    Currently I had indeed taken time off and plan not to extend the contract when it lapses, but I also feel it is not enough punishment for the **** at the client co.
    I totally understand the a contract is not a permie role with all the benefits, but we did have an agreement (I even have an email confirming that) and in those 9 months I could have found a role with a more sensible client.

    Should I chase the HR/PR/Legal at the client co - they're in public sector and have huge allowances for paternity/maternity for permies...
    My current thinking is I won't and I have better ways to spend my time now, but somehow I also feel that such behaviour should not be tolerated/encouraged?

    #2
    Originally posted by yasockie View Post
    Hi.

    So months ago (9 to be precise, not a coincidence) I agreed verbally with a client that I would be working remotely during a few weeks of paternity leave, the person at the client's has now asked me to take time off until I can start coming back to the office.
    First of all, I am holding off the handover of all the work I have done remotely and wondering what the best approach is.
    Currently I had indeed taken time off and plan not to extend the contract when it lapses, but I also feel it is not enough punishment for the **** at the client co.
    I totally understand the a contract is not a permie role with all the benefits, but we did have an agreement (I even have an email confirming that) and in those 9 months I could have found a role with a more sensible client.

    Should I chase the HR/PR/Legal at the client co - they're in public sector and have huge allowances for paternity/maternity for permies...
    My current thinking is I won't and I have better ways to spend my time now, but somehow I also feel that such behaviour should not be tolerated/encouraged?
    If you totally understand this is a benefit for a permie roll why do you think going to the clients HR chasing permie benefits you are not entitled to is a worth doing?

    There is no obligation for the client to give you work, this is a basic requirement to be outside IR35. 9 months ago is a long time in a project. If the work profile has changed and they cannot support this work method they are not obliged to honour it. Personally I would not have expected the client to pay me while I am on paternity leave, if they had it would have been a bonus but definately something to get upset about if it got canned. Lets be honest, your focus during paternity leave will not be on your work will it so it was a long shot from the start.

    You are a contractor suck it up and deal with it. Deliver what you are expected to deliver, none of this holding stuff back crap and punishing your client.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      You seem to be mixing tenses so it's not clear what the issue is.

      Have they said; Go home and do nothing until you're ready to come back.

      or Did you take time off site and do work that you expected to get paid for but the client is now saying they will not pay for as you weren't on site?

      Also, do they know what work you have done over this time?

      Comment


        #4
        If you are officially on paternity leave then you shouldn't be working.

        I think you can claim the statutory paternity leave pay of the government but you need to ask you accountant. Yes the amount may be small but it's better than nothing.
        "You’re just a bad memory who doesn’t know when to go away" JR

        Comment


          #5
          I'm not sure this falls within the 'no obligation to give you work' issue and based on what you say, I think your company may have a legitimate cause.

          If you are saying that your company agreed with the client (and can evidence this with the email) that you as your company's representative would be able to work from home remotely (presuming that the contract states the main location for work being the client's premises) and if you do not mind jeopardising the relationship with the client then you may have a strong position.

          My approach would be to set this out with your main contact for day to day communications with the client referring them to their prior agreement with your company (presuming you are contracting through a company) but, if necessary, I would either go via the agency (if you are using an agency) or send a formal contractual notice if you are bothered enough to push it. If you do not mind the risk of annoying the client and the possibility of them enacting any no fault termination (should there be any) then it might be worth expressing it in more legal terms more likely to register with the client.

          Agreeing such a change in the delivery arrangements do not appear to me to relate to any 'permie' issues with the client though they might relate to your legitimate permie issues with your own company (though I realise you might be an office holder rather than an employee of your firm). To me, it is irrelevant that this relates to paternity, it could arise from you wanting to work from another location because you had secured parallel work. This is about you agreeing with the client a change in the location of work. I think it is legitimate for you as an 'employee' of your firm to approach your firm regarding working from home and for your firm to explore this with the client. If this client then agrees then you may be able to rely on that. It is possible the client may point to the need for formal change control if that features in your contract but your starting point that this was agreed in the email and you relied on that - this should put the ball in their court.

          I'm uncertain about your references to the work you have done remotely but if this means you have been working and they appear unwilling to pay then I would not gift them this work. If this is discrete work that you can withold, now you have an indication they might not be willing to pay, I would delay providing access or a handover until they have confirmed they will pay and meet their obligations.

          Good luck.

          Comment


            #6
            Originally posted by PSK View Post
            I'm not sure this falls within the 'no obligation to give you work' issue and based on what you say, I think your company may have a legitimate cause.

            If you are saying that your company agreed with the client (and can evidence this with the email) that you as your company's representative would be able to work from home remotely (presuming that the contract states the main location for work being the client's premises) and if you do not mind jeopardising the relationship with the client then you may have a strong position.

            Good luck.
            First of all I probably should not have used the term 'paternity leave' as I am working as usual, except the cause is different now.
            Funny enough, I have been working remotely for the client and they seemed happy with deliverables, the only reason it's different now is I wasn't able to spec sharp dates far in advance and I simply explained to them why.

            I agree with your view that in no way am I asking for permie benefits - I am simply expecting to get paid for the work done.
            Having said that - my time is probably better spent looking for another role.

            Comment


              #7
              Might be worth giving them one push if you don't mind them spitting their dummy out - they may pay up if you say something polite with enough of a core of 'We have a contract. We agreed the services could be delivered at X location for a limited period of time. I relied on that agreement. I have completed the contractual duties during this period. Kindly confirm you intend to meet your contractual duties or intend being in breach of your contract.' If they sit on their hands, ask them to whom legal papers should be served.

              I am no expert on IR35 issues but from my limited and probably wrong understanding, I don't see this has to give rise to problems regarding mutuality of obligation. I understood mutuality of obligation related more to

              The most appropriate narrative I could find is -
              "In the case of a regular employee, an employer is required to ensure the employee has work to carry out at all times. This is their obligation to their employee. In turn, the employee is required to complete any work (within reason) they are given – that is their obligation to their employer. Hence, they have a mutuality of obligation.

              In the case of a contractor, a client will supply a single piece of work. Outside this single project, the client has no obligation to supply further work, and once the project is finished the contractor is not required to accept any further work. There is no mutuality of obligations between the two parties in this situation.

              If a mutuality of obligation exists between a contractor and a client (i.e. if a client is obligated to provide a contractor work on an ongoing basis), HMRC would usually deem that contractor to be inside IR35 legislation, and as such would be a “disguised employee”."

              Unless you are subject to receiving work on an ongoing basis outside of the project you have been contracted to deliver, I'm not sure there would be an IR35 issue regarding how you deliver an individual contractually agreed project. For a stand-alone project, agreeing changes in where you deliver the work appears neutral with being outside IR35.

              Comment


                #8
                Verbal agreements are worth the paper they are written on.

                I don't get the whole concept of paternity leave. New born babies are easy to look after and its easily a one person job during the day.
                Guy Fawkes - "The last man to enter Parliament with honourable intentions."

                Comment

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