To refuse to do this work?

[Planesmistakenforstars]

I am a self employed gardener. I've started maintaining the grounds of a large development of town houses. At the front of the houses there is a strip of lawn, then a fence, and then a pavement and road. Today one of the residents told me to clear up the area outside of his part of the fence (on the public pavement) where debris has gathered, because it looks messy. I said no, because it's not part of the work I'm doing, it's not even on the property. The resident told me I was being really petty, since I was already using a leaf blower to clear the inside of the fence, and he's going to complain. This man was pretty annoyed and convinced I was being unreasonable. Was I? I admit I am fed up of people asking me to do work for free and might have been more amenable had it not happened all the time recently, but the principle stands.

Well no YANBU but I suppose it depends on how influential this resident is and how much you need this particular job?

Umm, I guess I would do it because I'd feel I was being paid by the hour for my time and what I did during that time is no skin off my nose so long as there was enough time after the usual essential tasks. If your contract is different in that it specifies lawn cutting, edge trimming, hedging and so on, then that's another matter and so is individual residents requesting different tasks. You obviously don't want numerous residents all demanding additional extras.

Was he paying you?

YANBU. State that it's out of your boundaries and have known others land in trouble for trespassing or disturbing areas that aren't theirs. Simple. He can't dispute that, and then if whoever owns that land what's to hire you, they can or if it's council give him their contact details to complain to regarding mess. It's not your responsibility and I stand in your corner in that people ask small companies (especially self employed or freelance) to do extra jobs for free far too often. It's taking advantage.

Who is your contract with? They tell you what work to do. If residents want other work done they can employ you or someone else separately.

The contract is with the management agent of the whole development. Individual residents pay into the pot which covers the gardening (and window cleaning, cleaning etc I assume) but I'm not paid by any resident directly.

I'm not paid by the hour. I'm paid a fixed price for an agreed upon schedule of work.

YANBU - I have a friend with a similar job and people often mistakenly assume that she is a council employee and also mistakenly on top of that assume that if she were a council employee she'd have to do whatever outdoor work random tax payers wanted.

She has a contract with certain businesses to cut their hedges and lawns and maintain their flowerbeds and says that every single day members of the public try to tell her to cut other hedges and clear up dog mess, and employees in other businesses ask her why she misses their grounds out and roll their eyes at her for being a jobsworth for not "just" cutting all the hedges and lawns.

Oh completely ignore him. He's not your manager.

sirmione16
Thank you. All the "can you just do this..." jobs would really add up.

Refer him to the management company and they can explain to himwhat you are contracted to do, he is their client, not yours.

Oh well, in this case I'm not paid by the hour. I'm paid a fixed price for an agreed upon schedule of work you stick to the work agreed within the boundaries.

We have a similar arrangement but the gardener is paid for a fixed amount of time, has regular tasks, doing variations upon request. If the time overruns then they charge accordingly for that visit.

Just to add, he asked who he should complain about me to, so I did refer him to the management company, giving him their contact details, and suggested he contact the council (who presumably the pavement belongs to.)

Planesmistakenforstars

Why did you answer him? You're not accountable to him. He isn't a customer. I'd have just said, "Whoever you like, mate" and carried on with my work.

he asked who he should complain about me to, so I did refer him to the management company, giving him their contact details

Yes, I was going to suggest this. He can discuss your agreed schedule of work with them if he feels so strongly about it.

I'm self-employed too (editorial) and have had more than my fair share of 'Could you just have a glance at this?' comments over the years. I totally get where you're coming from.

Sounds like you handled it fine. Cf could've at least thrown you £30 or something and asked

If you are paid to do a schedule of work, i.e cut this lawn, tidy that bush etc etc on a weekly basis then YANBU. If you are paid to do a general upkeep and tidy then I would say YABU it sounds like the former though to be honest.

The response is - its not on my schedule for today but if you contact x mgt company and explain what you want they can discuss adding it to my schedule of jobs and payment etc.

But yes if he had offered an extra 10 er what would you do? I think maybe get that cleared with mgt co as well as then if he does offer you are free and clear to do it if you want the extra work.

You did the right thing. People are cheeky. We pay a gardener to cut our hedges once a year and overheard our neighbour asking him to do hers at the same time because "it won't take you long". He pointed out we had paid him for his time not her which saved me having to intervene, he offered to quote for cutting hers and she refused..

I think you were fine. And by giving him the management company's details, you're a nicer person than me! I've had told him to work it out himself.

I'd also wonder if, whether you had an accident, or caused any damage, doing this unauthorised work, whether your insurance would cover it. I'd bet it wouldn't!

I know such a situation is highly unlikely, but that's why we have insurance - for unlikely contingencies (which do happen every now and then).

You are quite right not to start doing bits and pieces for people - you'll end up snowed under its requests, and refusing one when you've already agreed to another is harder than standing your ground in the first place.

*with requests, not its requests (sorry)

YANBU

From the resident’s point of view, he pays a maintenance charge to the management company which covers upkeep of the front. I can see why he might think tidying up the immediate other side of the fence falls within this( not the whole pavement ) - especially if some of the debris might be blown there from your leaf blower ? ?

He’s not to know the exact terms of your contract with the management company - you’ve said it isn’t within your remit, he’s asked how to take it further and you have, rightly, pointed him in the direction of the management company who may well revise the contract in future to include both sides of the fence line, which would look better and more finished.

especially if some of the debris might be blown there from your leaf blower ? ?

That’s a good point. Where were you blowing the debris from the “paid for” job?

The op is paid to work on the actual properties not to tidy up the flipping street too. OP had tidied up his bit within the boundaries why should they go and do the councils job for them?

If the man wants it tidy maybe he should go and tidy it himself?

Bet op has enough to do during thier alloted time without doing extras here and there for random house owners for free. Bet he wouldnt go into Tescos and ask the butcher to cut him a couple of extra steaks and put them in a bag for free seeing as the he was already serving him! Why is it considered ok to ask self employed people this?