Interpretation of self employment contract

tibawo

I’m full of a head cold so know i could be going off at the deep end here so am reaching out to see if I am way off base.

My self employment contract states that

2.2 The manner in which XXX performs the services is at XXX discretion

This is for a tutoring service. Further up in the contract it does state I need to ‘assess and track’ students which I do using my own methods. 
The client has now turned round and said that they want it all recorded in a certain way- including past students that have moved on since my contract started. This would take me considerable time as would involve uploading documents etc but my logic is that if they wanted this recorded in such a manner then it should have been discussed at the initial outset some 18 months ago? Contract ends soon and not renewing (my choice)

To add I have other commitments and feel it is unfair of them to expect me to drop everything.

I think it is moving the goal posts of the contract and they can’t just announce they ‘need’ it this way .

Does anyone else think on the same lines as me or has this head cold really messed up my logical thinking?

Marcon

tibawo said:

I’m full of a head cold so know i could be going off at the deep end here so am reaching out to see if I am way off base.

My self employment contract states that

2.2 The manner in which XXX performs the services is at XXX discretion

This is for a tutoring service. Further up in the contract it does state I need to ‘assess and track’ students which I do using my own methods. 
The client has now turned round and said that they want it all recorded in a certain way- including past students that have moved on since my contract started. This would take me considerable time as would involve uploading documents etc but my logic is that if they wanted this recorded in such a manner then it should have been discussed at the initial outset some 18 months ago? Contract ends soon and not renewing (my choice)

To add I have other commitments and feel it is unfair of them to expect me to drop everything.

I think it is moving the goal posts of the contract and they can’t just announce they ‘need’ it this way .

Does anyone else think on the same lines as me or has this head cold really messed up my logical thinking?

Might have been better to wait until your cold has cleared enough to think clearly, but from what you've posted it appears that the client is now asking for a 'service' you've not agreed to?

If you've been paid to date and don't plan to renew the contract, I'd politely (wait until the cold has cleared!) push back.

tibawo

I’ve not responded yet as need to politely yet firmly reply  and know not in right mindset to go off on one!

prowla

I'm not surprised they want the info in a certain format, but it probably should've been part of the contract; instead it says at your discretion.

tibawo

prowla said:

I'm not surprised they want the info in a certain format, but it probably should've been part of the contract; instead it says at your discretion.

it’s been fine as it was though for last 18 months but they want to change the system- if they said moving forward they want it the new way then i’d probably be ok but they want all the other old records putting on too!

DullGreyGuy

What is your basis of payment? An hourly rate?
How longs left and would you mind losing work before that date? Are there any guarantees from them on minimum volumes of work etc?



2.2 may not be the most relevant clause to quote if you say the later part of the contract deals with tracking. Given you are not renewing and presumably would be happy to exit as soon as, then I would respond by saying that you acknowledge their request to amend clause X.X with a retroactive date of the commencement of the contract. You estimate that this is either Y hours @ hourly rate or that you will simply charge £Z if they wish to continue with the amendment else you are happy to continue under the current terms until the end of the contract.