Client Asking To Work From Different Location

[SimonMac]

Ok, I am direct with a consultancy based in Suffolk, their end Client is in Sussex, the wording of the contract is:

"The supplier shall deliver services from whichever location is most appropriate to the Client, including, but not limited to XXXXXX premises, the Suppliers own premises or the Client premises"

For the last 10 months I have been based in Suffolk, with trips to Sussex as and when needed, usually agreed in advance but sometimes very short notice, and as such I am renting a place there. I am now getting wind that they want me to be based in Sussex full time, can I argue that they have accepted the working conditions for the past 10 months of me based in at the original location, could that then become the defacto place of work, or am I stuffed and have to suck it up and take the hit in my pocket for being in hotels while also paying for the accommodation in Suffolk?

Worse case is the contract is up end of Feb, so will walk (there is only a very very small chance I will want to stay, and if this is now the case its a good bargaining tool to ask for more money), just want to know if past working conditions can be taken as the norm after a while?

[northernladuk]

I would say they have it covered in the contract. I don't think an argument about defacto standard would stand at all, particularly then you are already travelling between the two. There is no standard, just a percentage of time between the locations which is going to change. Thing is arguing over contracts isn't going to get anyone anywhere unless you start getting lawyers/solicitors involved.

Better to try negotiate it out rather than try and argue a clause in a piece of paper that isn't really worth anything until it goes legal?

Have you mentioned this to them yet? It would be pretty tough of them to change your working location and not think about the impact on you, particularly if you are a key member of the work.

[SimonMac]

I would say they have it covered in the contract. I don't think an argument about defacto standard would stand at all, particularly then you are already travelling between the two. There is no standard, just a percentage of time between the locations which is going to change. Thing is arguing over contracts isn't going to get anyone anywhere unless you start getting lawyers/solicitors involved.

Better to try negotiate it out rather than try and argue a clause in a piece of paper that isn't really worth anything until it goes legal?

Have you mentioned this to them yet? It would be pretty tough of them to change your working location and not think about the impact on you, particularly if you are a key member of the work.

I won't argue, if I have to go I will, as I said 6 weeks time I am on my toes anyway and I expect to be messed around, it goes with the territory.

Its not been discussed formally yet, the client has mentioned it to me they want me on site, so they have to speak to the consultancy who will speak to me, I just want to be prepared with a bit of information when they do

[northernladuk]

Sounds sensible. Do you know what you would like in return for this move to make it viable or something in compensation? You never know they may ask you what you want to move so worth getting a package together first?

[SimonMac]

Sounds sensible. Do you know what you would like in return for this move to make it viable or something in compensation? You never know they may ask you what you want to move so worth getting a package together first?

£X extra per day, or the permission to hit who ever is annoying me with a shovel.

There is "issues" on the project that I want addressed before I sign up for any more time

[BolshieBastard]

That clause about different locations is quite generic.

TBH, Im considering setting something out for future pitches along the lines of working at different locations will result in increased daily rate of £xx etc. Having said that, there may be IR35 implications to specifying locations and different costs?

My current role was accepted on the explicit statement during interview that the location was 'X' as that's where everyone was to be based. 4 weeks into the contract, the client wanted me to move to another office 40 miles away.

For a number of reasons I told the client this was not what I expected blah, blah, blah. Ultimately, they backed down and I havent moved but, it grips me crep when clients spring this sort of stuff. It makes you look a permie and imho, is very D&C.

Rather than stamp you feet and say I wont go, try and negotiate reasons to stay put. Saying I just dont want to move while being honest, wont prevent it happening.

[northernladuk]

TBH, Im considering setting something out for future pitches along the lines of working at different locations will result in increased daily rate of £xx etc. Having said that, there may be IR35 implications to specifying locations and different costs?

I can't see why it would affect IR35? Perfectly reasonable for a company to cover for extra costs incurred by changes made by the client. Sounds like good business to me.

I think it would be preferrable not to have a location at all so showing less D&C by the client. Saying that if the reality is that you have to work on one site it won't hold much water though I guess.

[SimonMac]

I think it would be preferrable not to have a location at all so showing less D&C by the client. Saying that if the reality is that you have to work on one site it won't hold much water though I guess.

Although this approach leaves you open to my problem and being sent any where

[psychocandy]

That clause about different locations is quite generic.

TBH, Im considering setting something out for future pitches along the lines of working at different locations will result in increased daily rate of £xx etc. Having said that, there may be IR35 implications to specifying locations and different costs?

My current role was accepted on the explicit statement during interview that the location was 'X' as that's where everyone was to be based. 4 weeks into the contract, the client wanted me to move to another office 40 miles away.

For a number of reasons I told the client this was not what I expected blah, blah, blah. Ultimately, they backed down and I havent moved but, it grips me crep when clients spring this sort of stuff. It makes you look a permie and imho, is very D&C.

Rather than stamp you feet and say I wont go, try and negotiate reasons to stay put. Saying I just dont want to move while being honest, wont prevent it happening.

Had similar years ago when I first started contracting. Agreed to work from one office (200 miles away) for max 4 weeks until they sorted something at local office.

Of course, first week at head office and they knew bugger all about this and assumed I was staying there. No said I. Rate was crapola so I couldn't do it if I had to shell out for hotels as well permanently. Only took it because it was short-term hassle then close to home.

After two weeks, getting nowhere I told them to stuff it. Agency weren't happy (are they ever?) but I get the feeling they knew the deal all along and though they could blag it once I was in there.

Wont make that mistake again re: location.

[AnthonyQuinn]

"The supplier shall deliver services from whichever location is most appropriate to the Client, including, but not limited to XXXXXX premises, the Suppliers own premises or the Client premises"

Seems quite clear. What else would they have to put in the contract for you not to crib about the move?