5 Consecutive Days Holiday Per Year

[Scrag Meister]

Current ClientCo enforce a min 25 unpaid days in the year, and there must be at least 1 period of CORE absence of 2 weeks, no access, no email, no telephone.

They probably like the fact that they save a few quid not paying us, but mainly its regulatory to avoid the rogue traders keeping their tulip hidden, and giving someone else a chance to discover it.

[CourtesyFlush]

Current ClientCo enforce a min 25 unpaid days in the year, and there must be at least 1 period of CORE absence of 2 weeks, no access, no email, no telephone.

They probably like the fact that they save a few quid not paying us, but mainly its regulatory to avoid the rogue traders keeping their tulip hidden, and giving someone else a chance to discover it.

And do they force you to fill out an annual leave request?

[Taita]

And do they force you to fill out an annual leave request?

Probably..... as they do not have an alternative procedure in the system. Complying with general policy regulations does not make you an employee or compromise your IR35 status.

[suityou01]

That is incorrect. Cf was asked to fill out a form asking for annual leave. This would demonstrate direction and control. If it went to court and the other two tests failed he would be inside ir35. Surprised folks on here don't take this as seriously as I would. Companies such as Qdos make money out of reviewing contracts so there must be a real risk.


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[MadDawg]

Yes - it is a minus in terms of IR35, but only a minor one - if there is a good reason for the request (to audit the break taken for security purposes) then it's unlikely to be seen as D&C. If that is what swings outside to inside, it sounds like you're on pretty dodgy ground anyway.

So, two options -

1) Refuse to comply and possibly find yourself without a contract. If you're confident of your ability to walk straight into a new gig then no problem
2) Comply, make sure as far as you can that other working practices are outside. In the unlikely event that you're investigated, make sure you've got cover. If you're still concerned you could be found to be inside, then put aside the additional tax/NI liability for this contract to cover worst case scenario and look for a new contract.

IMO chucking a contract for an administrative requirement sounds like tail wagging the dog.

[Scrag Meister]

And do they force you to fill out an annual leave request?

There is the furlough booker, IMHO making a leave request is part of having a professional approach, and keeping the client informed, rather than just emailing saying I wont be in next Monday for 2 weeks.

[suityou01]

There is the furlough booker, IMHO making a leave request is part of having a professional approach, and keeping the client informed, rather than just emailing saying I wont be in next Monday for 2 weeks.

How much leave entitlement do you get per annum at ClientCo?

[suityou01]

Yes - it is a minus in terms of IR35, but only a minor one - if there is a good reason for the request (to audit the break taken for security purposes) then it's unlikely to be seen as D&C. If that is what swings outside to inside, it sounds like you're on pretty dodgy ground anyway.

So, two options -

1) Refuse to comply and possibly find yourself without a contract. If you're confident of your ability to walk straight into a new gig then no problem
2) Comply, make sure as far as you can that other working practices are outside. In the unlikely event that you're investigated, make sure you've got cover. If you're still concerned you could be found to be inside, then put aside the additional tax/NI liability for this contract to cover worst case scenario and look for a new contract.

IMO chucking a contract for an administrative requirement sounds like tail wagging the dog.

This is wreckless, and a pretty silly thing to say.

How can an IR35 pointer be minor, unless you know the context, contractural terms, working practices etc etc. If it was the straw that broke the camel's back, would it still seem minor?

Always send your contract for a review, with someone like QDos. Always collect evidence that would support your argument should you need to in the future. If you don't know the legislation, then read up. It's your business and it affects you so get educated!!

It sounds like CF is pretty clued up, so possibly in the minority on here?

[MadDawg]

This is wreckless, and a pretty silly thing to say.

How can an IR35 pointer be minor, unless you know the context, contractural terms, working practices etc etc. If it was the straw that broke the camel's back, would it still seem minor?

Always send your contract for a review, with someone like QDos. Always collect evidence that would support your argument should you need to in the future. If you don't know the legislation, then read up. It's your business and it affects you so get educated!!

It sounds like CF is pretty clued up, so possibly in the minority on here?

Reckless and silly?

If the client won't budge, I'd say it's a calculated risk, based on the very small possibility that the gig could be IR35 caught and he gets investigated, versus the very real likelihood of getting canned because he won't follow the required administrative procedure - only really an option if he's certain he can walk straight into a new gig, or has a healthy warchest, or can survive on £71 a week or whatever the going rate is (let's hope he doesn't have a family to feed). Worst case scenario, he pays a bit of extra tax.

Leaving himself without income sounds pretty reckless to me, but then what do I know...

Sounds to me like you need to get in the real world suityou01 and stop recommending that OP hangs himself because of some principle.

CF - what are the other contractors doing?

[TheFaQQer]

Reckless and silly?

No - wreckless and silly. There were no wrecks, is all SY meant.