Been asked to 'take some leave'

**Lockhouse** · 9 May 2013, 08:27

Originally posted by Grim Reaper View Post

I have been working on a contract for the last eight months, was renewed recently for three.
Now the work has started to dry up I have been asked to consider taking some holiday, obviously with no pay.
It is estimated that things will pick up in the next couple of months so it appears to me that they want a 'contractor on demand', who will bog off home at their convenience and come back when demand ramps up.

As I understand it, they are obliged to pay me if I attend site, even if they have nothing to give me. If I do this, they may be forced to serve a weeks notice (this has not been mentioned), so I could keep things ticking along whilst looking.

What would your approach be ? Take time out through good will and keep things smooth or attend site, drink lots of tea whilst asking for more work ?

Take the time off if the cash isn't an issue and look on it as part of the benefits of contracting. Plus it's a nice IR35 get out of jail free if you can get it confirmed by email. Send yourself on a course or two, take a decent holiday, look for another job with no pressure, work on plan B, just chill. The World is your lobster.

**proggy** · 9 May 2013, 08:40

Originally posted by Grim Reaper View Post

I have been working on a contract for the last eight months, was renewed recently for three.
Now the work has started to dry up I have been asked to consider taking some holiday, obviously with no pay.
It is estimated that things will pick up in the next couple of months so it appears to me that they want a 'contractor on demand', who will bog off home at their convenience and come back when demand ramps up.

As I understand it, they are obliged to pay me if I attend site, even if they have nothing to give me. If I do this, they may be forced to serve a weeks notice (this has not been mentioned), so I could keep things ticking along whilst looking.

What would your approach be ? Take time out through good will and keep things smooth or attend site, drink lots of tea whilst asking for more work ?

Depends on your situation, if you can afford a few months off then that's fine, however I would be worried they leave you hanging or forget about you. I would be tempted to ask for a retainer, otherwise keep an eye out for another juicy contract.

**BolshieBastard** · 9 May 2013, 09:49

Originally posted by Grim Reaper View Post

I have been working on a contract for the last eight months, was renewed recently for three.
Now the work has started to dry up I have been asked to consider taking some holiday, obviously with no pay.
It is estimated that things will pick up in the next couple of months so it appears to me that they want a 'contractor on demand', who will bog off home at their convenience and come back when demand ramps up.

As I understand it, they are obliged to pay me if I attend site, even if they have nothing to give me. If I do this, they may be forced to serve a weeks notice (this has not been mentioned), so I could keep things ticking along whilst looking.

What would your approach be ? Take time out through good will and keep things smooth or attend site, drink lots of tea whilst asking for more work ?

What's your attitude to IR35 as this is a massive pointer to being outside. If you are via an umbrella or operate as IR35 caught then, obviously being without the cash is more important.

Also depends how long any break is, if it stretches to a couple of months I'd be concerned at the time lost and may consider looking for something else instead. However, in this market, you could be looking for a few months anyway!

**VectraMan** · 9 May 2013, 09:58

You were renewed for 3 months, but they're saying work will pick up "within the next few months". Sounds like you may miss it.

**d000hg** · 9 May 2013, 10:28

Your contract probably allows them to tell you there is nothing to do and not to turn up, without any notice needed.

However you should have no obligation to turn up even within your notice period if you quit, so maybe tell them you accept their request but are going to look for a contract where there will be some work to do and they will likely lose you.

**cojak** · 9 May 2013, 10:30

Originally posted by d000hg View Post

Your contract probably allows them to tell you there is nothing to do and not to turn up, without any notice needed.

However you should have no obligation to turn up even within your notice period if you quit, so maybe tell them you accept their request but are going to look for a contract where there will be some work to do and they will likely lose you.

WdS

Read up on Mutuality of Obligation and what it means in your situation.

**proggy** · 9 May 2013, 10:52

Originally posted by BolshieBastard View Post

What's your attitude to IR35 as this is a massive pointer to being outside. If you are via an umbrella or operate as IR35 caught then, obviously being without the cash is more important.

Also depends how long any break is, if it stretches to a couple of months I'd be concerned at the time lost and may consider looking for something else instead. However, in this market, you could be looking for a few months anyway!

IR35 is a non issue, it has failed. It was meant to raise 250 million but instead it has raised 10 or so. The cases raised each year have dropped so almost a handful.

**cojak** · 9 May 2013, 10:58

Off-topic proggy. We are speaking specifically rather than debating the general effectiveness of IR35.

**proggy** · 9 May 2013, 11:00

Originally posted by cojak View Post

Off-topic proggy. We are speaking specifically rather than debating the general effectiveness of IR35.

I was just replying to BB, he suggested IR35 should be a factor in his decision, but it shouldn't be taken into consideration by the OP.

Been asked to 'take some leave'