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Time off during a contract - advice please

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    #11
    Originally posted by chris79 View Post
    Right,

    To summarise my position here, basically I'm in doing a job on a long term contract and work as part of a team on the 'project'. The work I undertake is mostly analytical although some of it is incident management.

    The problem here is that within the team, we used to have a 'permanent' member of staff as the team leader (although I know strictly under contracting this is permie speak and irrelevant to me), so I regarded them as the client overseeing a group of contractors to ensure the link was made for the purposes of getting the job done etc.

    That person left some time ago, and as such they made one of the team members, a fellow contractor the 'team leader'.

    Ever since I have had major disagreements with my 'team leader' over what is acceptable time off. Originally his view was that 25 days in a year (which included any bank holidays and sick days) was acceptable. I told him that this for me was unacceptable and after some major confrontations over the fact I challenged this, I went to my agency who said 'you need to agree it with the client'. On this basis I asked him to have this put by management within the company I contract for and it has basically come back saying that the team is run by him and that he decides. On this basis it was agreed following further discussions that 32 days is acceptable, but this has to include all bank holidays and any sick time off.

    Can anyone please advise on what the situation is here, how I should approach it, or whether I'm being unreasonable? My understanding is as a contractor it is me who tells the client when I am unavailable, not the other way round? Although the client could then conclude I am not the person they want and either terminate my contract or refuse to extend it? (Worse case scenario here)...

    What's annoying is that I've got another contractor effectively line managing me here because it 'fits' with the organisation, and the fact it's a long term (at least a couple of years) work.

    Thanks!

    Have you asked this "other" contractor if he has the same agreement with his "boss" and whether he's heard of IR35 and whether he pays full PAYE on it ?

    If he is bound by the same rules then I'd leave and dob him into HMRC !
    Cenedl heb iaith, cenedl heb galon

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