5 Consecutive Days Holiday Per Year

[CourtesyFlush]

If your contract and working practices are otherwise outside IR35, I'd feel inclined to just do it, join PCG+, and look for something different at renewal time.

I have had my contract reviewed. The advice I was given was not to do this if I wish to remain outside IR35.

Also, there are 2 clauses in the contract myco has with the agency that expressly forbid this.

[Bunk]

I think it's pretty standard across the banks, not the holiday request form, but the 10 days consecutive leave is standard anti-fraud measure, applicable to employees and contractors alike. 2 weeks off with no access to clientco network, computers, phones etc. Breaching that is a pretty certain way to get walked off site.

I was never forced to fill out a holiday form but they asked me what my availability was over Christmas and I said I'd be off from around the 20th to the 4th or something like that and they said fine, that can count as the anti-fraud time.

[TheDandy]

Why don't they just say they don't have work for you or say you are not required for 10 days for said reason. Key issue for you is holiday request and form filling to that effect.

Ask them to send you an email saying you are not required for 10 days.

[CourtesyFlush]

Why don't they just say they don't have work for you or say you are not required for 10 days for said reason. Key issue for you is holiday request and form filling to that effect.

Ask them to send you an email saying you are not required for 10 days.

Another brilliant suggestion, to add to the list of pragmatic solutions already tabled.

I have no issue with taking time off, and in accordance with their regulations and or best practice. I do have a big big problem with filling out an annual leave request form when I don't even have an annual leave entitlement.

I have emailed ClientCo this morning asking for the relevant policy documentation, and a link to the contractor version of the form.

[sal]

It's probably worth checking with the Agency if they had similar issues before with the same client and if they can assist you in negotiating not to use the holiday request form. They are probably in touch with non-HR manager that is more verse at dealing with contractors than some junior HR Generalist going by the book.

[CourtesyFlush]

It's probably worth checking with the Agency if they had similar issues before with the same client and if they can assist you in negotiating not to use the holiday request form. They are probably in touch with non-HR manager that is more verse at dealing with contractors than some junior HR Generalist going by the book.

Yip. Been there. Agency have been superb. Again they have had about as much luck as I have.

[Magpie252]

I wonder if any CUKers that work at or have recently worked at an IB could comment on their experiences. I'd be interested.

I’m working for a Swiss bank in Switzerland, my boss came up with the same requirement, however the banks HR confirmed that this did not apply to external employees.

But, one of the PM’s on an associated project (who my boss also manages) is having this enforced in Canary Wharf – go figure?

As to why they want this, here’s a couple of quotes from the policy document:

‘To help ensure the health and welfare of employees and minimize the risk of undetected employee fraud or other illicit behavior, all employees are required to take at least one leave each calendar year for a minimum of five consecutive business days (rather than calendar days) during which time the employee must not work remotely’

‘Supervisors/managers are responsible for taking reasonable steps to ensure that their direct reports comply with this policy, including the absence requirement, the access limitations, applicable coverage requirement, and the recordkeeping requirements. Supervisors/managers may rely on system tracking of their employees’ Required Leaves, where available. Supervisors/managers of employees on the TALT system must complete and record supervisory reviews and approvals in accordance with system requirements. All other supervisors/managers are responsible for documenting the completion of their employees’ Required Leaves in accordance with applicable requirements’

While many will disagree here, I wouldn’t see this as an IR35 indicator, the bank is implementing a policy to reduce the risk of fraud, in the same way that they force you to use one of their laptops. The request form is their way to audit that the policy is being complied with.

[CourtesyFlush]

Thanks for your post. So the manual says " the employee must do x,y,z" and you see complying with this as not an IR35 pointer?

It's not just folks on here may disagree, it's the fact the solicitor I paid to review the contract disagrees with you.

[TheDandy]

I’m working for a Swiss bank in Switzerland, my boss came up with the same requirement, however the banks HR confirmed that this did not apply to external employees.

But, one of the PM’s on an associated project (who my boss also manages) is having this enforced in Canary Wharf – go figure?

As to why they want this, here’s a couple of quotes from the policy document:

‘To help ensure the health and welfare of employees and minimize the risk of undetected employee fraud or other illicit behavior, all employees are required to take at least one leave each calendar year for a minimum of five consecutive business days (rather than calendar days) during which time the employee must not work remotely’

‘Supervisors/managers are responsible for taking reasonable steps to ensure that their direct reports comply with this policy, including the absence requirement, the access limitations, applicable coverage requirement, and the recordkeeping requirements. Supervisors/managers may rely on system tracking of their employees’ Required Leaves, where available. Supervisors/managers of employees on the TALT system must complete and record supervisory reviews and approvals in accordance with system requirements. All other supervisors/managers are responsible for documenting the completion of their employees’ Required Leaves in accordance with applicable requirements’

While many will disagree here, I wouldn’t see this as an IR35 indicator, the bank is implementing a policy to reduce the risk of fraud, in the same way that they force you to use one of their laptops. The request form is their way to audit that the policy is being complied with.

Taking holiday and complying with an on-site policy or even statutory policy are two separate things. Filling out a holiday request form is for employees. They can just tell YourCo that they are not needed for X number of days. How they meet their own administration for monitoring compliance of the policy is down to them not YourCo.

[mudskipper]

Thanks for your post. So the manual says " the employee must do x,y,z" and you see complying with this as not an IR35 pointer?

It's not just folks on here may disagree, it's the fact the solicitor I paid to review the contract disagrees with you.

IR35 pointer, but not IR35 deal breaker. Ah well.