IR35 Status & Working From Home

[KennyG]

Just wondered what the consensus of opinion was - if a Consultant who has only one Client and who would normally spend 5 days per week in the Client's office, manages to negotiate a change to his working schedule whereby he works one day per week at home (at his Ltd Co's registered office) using his own PC, telephone, desk, etc. and the other 4 days at the Client's office, if that helps (albeit in a small way) to keep him outside IR35?

[freakydancer]

Just wondered what the consensus of opinion was - if a Consultant who has only one Client and who would normally spend 5 days per week in the Client's office, manages to negotiate a change to his working schedule whereby he works one day per week at home (at his Ltd Co's registered office) using his own PC, telephone, desk, etc. and the other 4 days at the Client's office, if that helps (albeit in a small way) to keep him outside IR35?

I don't know but I do know that your brand of soft mellow saxophone music is f**king sh*t.

HTH

[Euro-commuter]

Just wondered what the consensus of opinion was - if a Consultant who has only one Client and who would normally spend 5 days per week in the Client's office, manages to negotiate a change to his working schedule whereby he works one day per week at home (at his Ltd Co's registered office) using his own PC, telephone, desk, etc. and the other 4 days at the Client's office, if that helps (albeit in a small way) to keep him outside IR35?

It sure as tulip wouldn't impress me if my name were Hector.

Having a PC, telephone, desk, etc at home is hardly indicative of being in business. Especially if you have to persuade the Client to let you work there.
One day per week?
He "manages to negotiate"? As in, asks his boss?
Working schedule?

If you're having search around for things might help (albeit in a small way) to keep you outside IR35, you're done mate!

[oraclesmith]

Just wondered what the consensus of opinion was - if a Consultant who has only one Client and who would normally spend 5 days per week in the Client's office, manages to negotiate a change to his working schedule whereby he works one day per week at home (at his Ltd Co's registered office) using his own PC, telephone, desk, etc. and the other 4 days at the Client's office, if that helps (albeit in a small way) to keep him outside IR35?

It might help, although it depends on the contract - eg. whether these working arrangements are in the contract or whether you have control of where you work in your contract. If the latter, it might help to demonstrate that you're running your own show - although if it needed client agreement then maybe not.

PS. I agree about the music.

[Bluebird]

in order to be seen as 'outside' of IR35 you need to show that you are not the same as an 'employee' - asking if you can work from home sounds like the sort of thing an employee would do.

Persoanally I don't think it will make any difference, you are supplying a service - where you do that from is up to you and nobody else.

[XLMonkey]

nope, not a chance, particularly since the rules changed regarding flexible working - most employed office workers have a right to work from home (well, at least to have the request considered).

what would help is if you had a nice set of emails that told your client what your availability was over the course of the next week/month (i.e. informed the client of your plans, rather than sought their permission).

But even then, its only a minor pointer to IR35 status.