MoO example?

[Antman]

Hi all,

I requested to work from home the other day as I was going to pick up the wife and one of the kids who was coming out of hospital. It's the sort of thing the permies here request and get often enough.

The email reply I got from the person who signs my time-sheets was not to bother coming in that day.

I was a bit hacked off missing a day's billing but does this show enough to MoO to protect me from an IR35 investigation?

Over to floor for any questions.

PS. yes the client time-sheet approver is a bitch

[northernladuk]

MoO is about obligations AFTER the contract you've completed really so I'd say this isn't a factor.

This is just a general T&M and availability issue which I would also say has little to do with IR35. It's the same as when you advise you won't be available or when they say they don't have any work. A very minor point at best IMO

[Antman]

OK fair-do's, what about the difference by the client between the permie behaviour and that accorded to the...err B2B supplier?

[malvolio]

It's not actually Mutuality of Obligation, it's an irreducible level of mutuality that's the decider. In this case they haven't offered you work and you aren't able to charge for it. In IR35 terms it's a trivial example but a case has been won based on someone being sent home when the system crashed.

However, look at the totality of the engagement, not just isolated one-offs. The law has moved on.

[JoJoGabor]

I don't interpret it as just being after the contract. If I was contracted to build WebsiteA, but mid contract they asked me to look at TradingSystemA or even do some Business Analysis on iOSAppA, I would refuse it as I am not obliged to accept that work, its not what my contract stipulated I was there for

[jamesbrown]

I don't interpret it as just being after the contract. If I was contracted to build WebsiteA, but mid contract they asked me to look at TradingSystemA or even do some Business Analysis on iOSAppA, I would refuse it as I am not obliged to accept that work, its not what my contract stipulated I was there for

Absolutely, it also applies during a contract for precisely the reason you mention.

[MrMarkyMark]

OK fair-do's, what about the difference by the client between the permie behaviour and that accorded to the...err B2B supplier?

Yeh, you are being treated differently, but not likely to count for much unless there is an actual policy strictly saying contractors can't WFH.

Where I am it just depends, I can WFH if I like and when I like, I usually decide on the day, others sat around me usually ask permission in advance, for doing it.
However, the others around me are general BAs rather than a product specialist SME type role.

[northernladuk]

OK fair-do's, what about the difference by the client between the permie behaviour and that accorded to the...err B2B supplier?

It isn't unheard of for permies to request some time off for something and be told to take half a days holiday either though so in some cases permies are treated the same. It's not a clear enough argument to really hold any water IMO.

[pr1]

MoO example

[VectraMan]

Hi all,

I requested to work from home the other day as I was going to pick up the wife and one of the kids who was coming out of hospital. It's the sort of thing the permies here request and get often enough.

The email reply I got from the person who signs my time-sheets was not to bother coming in that day.

So they said yes?