On Call

[Pacman]

Hi all,

Tried to do a search for the phrase "On Call" but it doesn't like the word "on" so here goes..

I operate my contract outside of IR35. I'm a Windows 3rd line engineer brought it to do specific projects but occasionally help out with other "support" type stuff. I'm one of 2 contractors on a team of 8.

The client are bringing in an "on call" out-of-hours support rota, which is voluntary. They're offering a payment just for being on call, with the permies then claiming extra overtime if they have to actually do any work, and us contractors can invoice the client.

To me this stinks of being inside IR35, but before I turn down the extra cash I'd like the opinion of the group as to whether you think it would place me inside.

Thanks,
Pacman

[51st State]

Try searching on callout.

[dmb]

I'm in exactly the same situation. I get paid for being on-call and any call-outs.

I've got advice from somebody who was investigated for IR35. He said that it never came up in any of the interviews and in his opinion it's not a pointer to indicate a relationship of employment, in the same way a maintenance contract you might have with a plumber doesn't imply the plumber is your employee.