Cancelling work for freelance staff

[K0608]

Good morning,

I'm after a bit of advice, please...

I run a mountaineering company based in the Scottish Highlands and we employ freelance guides on a fairly regular basis to deliver our courses and days out. I also spend most of my time guiding in the mountains as well.

The work that we do can vary from very basic hillwalking right through to guiding steep ice climbs on our Scottish mountains, however, this winter (which for us is our busiest time of year), conditions are nothing short of awful, with mild temperatures and very little snow. In fact, in all my time living in the Scottish Highlands, this is looking like the worst (warmest) winter I've ever known.

We've got a number of bookings coming up whereby the clients have requested to be guided on these steeper ice climbs, which aren't in condition and will definitely not be coming into condition anytime soon. We do state in our terms and conditions that we cannot guarantee conditions or the delivery of any specific element or objective, however, that doesn't get away from the fact that I cannot ignore how poor the conditions really are and that were I not to do something, I run the risk of severely impacting my business' reputation.

I am aware that I can offer alternative activities, but in reality, very few clients will be that interested in these alternative activities. The most obvious solution is to refund the client (or transfer their booking to next year), which financially isn't great, but I would personally prefer to do that than try to force clients to head out in less than ideal conditions.

There's no way I can afford to pay the freelance staff if I go down the route of refunding clients and most freelance staff will be ok with this decision, but I was wondering before I start putting the wheels in motion, whether anyone has any advice regarding this, as it's not really a position I've been in before. Are there any business insurance policies that would cover me for such situations? Any advice would be hugely appreciated.

 

[Newchodge]

Therer are certainly policies for poor weather cancellations for one off events, so I expcet there would be something suitable.

With regard to your freelancers, what does your contract with them say about this?

 

[BenTargett]

Outdoor freelancers are a funny bunch - I know I used to be one and now employ some.

I would suggest that most WML's or MIC's will understand that they have been engaged for their skills and that those skills are not required when the conditions are less than ideal.

I would contact them as early as possible to indicate the booking are going to be refunded, and offer them the pick of any new work that comes in.

While it won't help this year I would also include (if you don't already) a cancellation policy with your bookings for both customers and staff.

 

[Blaby Loyal]

What are WMLs and MICs please?

 

[BenTargett]

What are WMLs and MICs please?

Both are levels of qualifications needed to take people walking or climbing in winter conditions.

Winter Moutain Leader for walking in winter condition and Mountain Instructor Certificate allows walking and climbing.

 

[K0608]

Thanks for the replies. In all honesty, our terms and conditions with our freelance staff doesn't include having to refund the client and the resulting cancellation. I know it sounds mad, but in my 12 years of working up here in winter, I've not had to deal with such poor conditions. We almost take it for granted that winter is a fairly reliable season up here.

I've had to start cancelling work and so far so good (well, not good for business, but it's going smoothly). I suppose the freelance staff know that if they do make an issue of it, I'm unlikely to employ them again. I have where possible, ensured that they get any of the work that is available and have removed myself from being out on the hill, which again, financially is going to be tough.

 

[TrainingMaD]

As a freelancer myself as long as I was made aware that this was part of the agreement and understood the reasons why ( you can't refund clients and pay me1 ) then it would be up to me to decide if I work with you. What happens if your freelancer lets you down? do they need to provide a replacement or do you charge them a cancellation fee?
There are occasions where freelancers have had to let down the business providing work and, as part of the agreement, had to pay to cover the cost of, or provide a replacement. Any experienced freelancer should know that.

 

[Newchodge]

There are occasions where freelancers have had to let down the business providing work and, as part of the agreement, had to pay to cover the cost of, or provide a replacement.

That is because they are freelancers and not employees!

 

[TrainingMaD]

That is because they are freelancers and not employees!

don't really get the tone of your response? My comment was that an experienced freelancer would understand that some contracts will have that as a clause or a least agree it.

it wasn't a criticism .

 

[Newchodge]

don't really get the tone of your response? My comment was that an experienced freelancer would understand that some contracts will have that as a clause or a least agree it.

it wasn't a criticism .

Sorry, I meant that should be a standard clause in a freelancer's contract. There are many employers on here who don't understand the difference.