Client Company mobile phone and objectives

**tarbera** · 22 January 2015, 12:46

Originally posted by peterpike View Post

Hi,

Have just recently started a new contract and in the first week I have been told that I will be receiving a Company mobile phone to use for on-call and general work purposes. Additionally, I have been asked to list down some objectives for 2015. These two items are of concern to as they will most likely change my IR35 status in a bad way. Am I being overly cautious here?

Any comments or guidance would be appreciated.

2 mobile phones is a right pain in the bum carting both around all the time, tell them you are happy to use your own companies mobile phone (+ I take it on-call is in your contract?)

You objectives are to perform as per your contract (don't be putting in any guff about client objectives) if a member of Ipse send then the guildence in dealing with contractors

**TheFaQQer** · 22 January 2015, 13:47

If they would provide a phone for being on-call to all contractors and staff, then it's not a differentiator so cannot impact your IR35 status. If they would provide staff with one but expect contractors to have their own, then it could be an indicator that they view you [the person who has asked the question, who has been given a phone by the client] as an employee.

Objectives for 2015 are to earn as much money for the minimum amount of work. Simple.

**Goatfell** · 22 January 2015, 14:06

Originally posted by TheFaQQer View Post

Objectives for 2015 are to earn as much money for the minimum amount of work. Simple.

While I'd agree with you on the phone part of the OP's question, I'm not sure I'd be so sanguine over the "list your objectives". If it's part of a performance review process it could be an indicator of a mindset at clientco that views you as a temporary permie. Not one of the big three, but if HMRC ever asked any questions, clientco's answers might not reflect what the OP thought were nailed down in the contract.

**Batcher** · 22 January 2015, 14:07

Originally posted by TheFaQQer View Post

If they would provide a phone for being on-call to all contractors and staff, then it's not a differentiator so cannot impact your IR35 status. If they would provide staff with one but expect contractors to have their own, then it could be an indicator that they view you as an employee.Objectives for 2015 are to earn as much money for the minimum amount of work. Simple.

Are you sure that's correct? If you are providing your own equipment surely it points to you being non-employee?

I know some guys carry 2 phones and another one used to redirect anything to the ClientCo one to his own so he only had to carry one.

I've only been given a ClientCo one once years ago but it was PAYG and they provided scratch cards to top up. It was in Dublin and calls were £1 a minute so I was happy to take it.

I always use my own now as my phone contract is all inclusive. I always offer to do WFH using my own phone for calling and video conferencing etc.

**TheCyclingProgrammer** · 22 January 2015, 14:31

Originally posted by TheFaQQer View Post

If they would provide a phone for being on-call to all contractors and staff, then it's not a differentiator so cannot impact your IR35 status. If they would provide staff with one but expect contractors to have their own, then it could be an indicator that they view you as an employee.

Huh? That sounds backwards to me. Surely being treated the same as all other employees would mean they view you as an employee, not being treated differently?

Expecting contractors to provide their own equipment is surely a positive thing?

**TheFaQQer** · 22 January 2015, 14:46

Originally posted by Batcher View Post

Are you sure that's correct? If you are providing your own equipment surely it points to you being non-employee?

I'll rephrase:

Originally posted by TheFaQQer View Post

If they would provide staff with one but expect contractors to have their own, then it could be an indicator that [since they are providing you with a phone in the same way that they would provide an employee with one] they view you as an employee.

If they treat everyone the same, then it's not a differentiator. In this case, they are giving the OP a phone. If they did that for all employees but not for contractors, then it would be an indicator that they consider the OP to be an employee since they are treating them in teh same way as they treat employees, but differently from how they view contractors.

**TheFaQQer** · 22 January 2015, 14:51

Originally posted by TheCyclingProgrammer View Post

Huh? That sounds backwards to me. Surely being treated the same as all other employees would mean they view you as an employee, not being treated differently?

Expecting contractors to provide their own equipment is surely a positive thing?

In this case, though, they aren't expecting the OP to provide his own equipment - they are providing it for him. If they provide a phone for everyone, then it's not an indicator. If they provide one for the OP (and all other permies) but not for other contractors, then it could be an indicator of the OP being an employee.

If everyone is treated the same, then you cannot use it as an indicator one way or the other. If the question was "they want me to use their laptop rather than my own", it would not be an indicator of being inside IR35 if they made everyone do it. However, if they allowed some contractors to use their own equipment but not others, then it could be an indicator that the client views you as being part of the workforce rather than an independent contractor who is not.

**Batcher** · 22 January 2015, 14:58

Originally posted by TheFaQQer View Post

I'll rephrase:

If they treat everyone the same, then it's not a differentiator. In this case, they are giving the OP a phone. If they did that for all employees but not for contractors, then it would be an indicator that they consider the OP to be an employee since they are treating them in teh same way as they treat employees, but differently from how they view contractors.

OK, got you now but had to reread it a few times as it still was clear as mud

What you mean is all employees plus the OP get one but all other contractors have to use their own then he would be seen as the same as an employee.

**TheCyclingProgrammer** · 22 January 2015, 15:15

Originally posted by TheFaQQer View Post

In this case, though, they aren't expecting the OP to provide his own equipment - they are providing it for him. If they provide a phone for everyone, then it's not an indicator. If they provide one for the OP (and all other permies) but not for other contractors, then it could be an indicator of the OP being an employee.

If everyone is treated the same, then you cannot use it as an indicator one way or the other. If the question was "they want me to use their laptop rather than my own", it would not be an indicator of being inside IR35 if they made everyone do it. However, if they allowed some contractors to use their own equipment but not others, then it could be an indicator that the client views you as being part of the workforce rather than an independent contractor who is not.

That makes a bit more sense than your first post.

Client Company mobile phone and objectives