Work Request Queues and IR35

**MrRobin** · 2 January 2008, 11:05

Should be alright, so long as you have reasonable autonomy in how you carry out the development work and that you are under no contractual obligation to accept the work requests (and they are under no obligation to give you any).

**Qdos Contractor** · 2 January 2008, 11:07

Originally posted by Fran View Post

I'm working on a contract for a large website. My contract specifies I am providing web development services.

The problem is I'm working from a work request queue where the team leader allocates me to a work request.

How does this sit with IR35, I have a very bad feeling about it, essentially I am simply bulking up the team.

The good news is I am on a weeks notice!

Think the main issue would be integration. It doesn't look good if you do essentially the same job as an employee, particularly if you are a member of a team.

**Fran** · 2 January 2008, 11:37

Originally posted by Qdos Consulting View Post

Think the main issue would be integration. It doesn't look good if you do essentially the same job as an employee, particularly if you are a member of a team.

Another point I'm worried about, I am essentially treated the same as an employee, other than payment and contract terms you wouldn't see any difference between me and employees. I even have to conform to thier dress code and cant use my laptop.

Contractually I don't have to accept jobs, but if I ever refused a job I think it would cause trouble.

To be honest warning bells have been sounding since I started here. Ah well, it got me though december!

**MrRobin** · 2 January 2008, 11:57

That does reek of Direction & Control... Why have they hired the services of a contractor rather than employing a permie?

**ratewhore** · 2 January 2008, 12:15

Originally posted by MrRobin View Post

Why have they hired the services of a contractor rather than employing a permie?

That's a fundamental question isn't it?

**Fran** · 2 January 2008, 13:04

Originally posted by MrRobin View Post

That does reek of Direction & Control... Why have they hired the services of a contractor rather than employing a permie?

ha ha! They treat employees like s*** and have got such a bad name they cant get enough new employees!

Out of interest, how much do you worry about IR35? I know a lot of contractors simply rely on the contract, or just hope they can win any contest. I've only been contracting for about 9 months and the most reliable advice I've had has been far more cautoius than that.

Am I stressing too much? I know PGC win more cases than they lose.

**Ardesco** · 2 January 2008, 14:45

I would personally say that using a machine they supply is hardly a proof that you are under direction and control.

I would not let some random person come and plug a machine into my network and start accessing my network resources because it would be a major risk. I don't know what is on thier machine and I have no control over the security mecanism's that it runs.

You would be hard pressed to find a sys admin anywhere who will readily agree to let people plug any old machine they want into his network.

Secondly as a professional contractor surely your company has an image to portray. I would suggest that the most professional image you company can put out would be one where you have a dress code, if it happens to match the dress code of the client company that is happy coincidence

**SueEllen** · 2 January 2008, 15:38

Originally posted by Fran View Post

Out of interest, how much do you worry about IR35? I know a lot of contractors simply rely on the contract, or just hope they can win any contest. I've only been contracting for about 9 months and the most reliable advice I've had has been far more cautoius than that.

.

Because I have direction and control.

I'm asked to do something not told to do it.

And if I believe it's in my company's interest that the employees should be at work during the hours that the client is open then they have to be.

**MrRobin** · 2 January 2008, 15:45

Absolutely, the whole not letting you use your own laptop in a non issue really. Anything that would challenge your self employment status on that basis would be moot as you can just use the information/IT security reasons Ardesco has described. Unless the dress code is a set uniform that permies wear then I can't see any problem with that either.

The D&C is around the work allocation - as said already if you can reasonably say "no sorry, I'm not doing that one, please send me something different" and are under your own control regarding technical aspects of your work, rather than being told to use such and such subroutines and this and that programming conventions then you should be alright.

IR35 is a concern to me, ofcourse, but I don't lose sleep over it. I make sure that before signing a contract I have it reviewed so i know what the IR35 status is (and then get it ammended if possible to be outside) and then I work to the rules in the contract.

Work Request Queues and IR35