Contract coming to an end, "gardening leave" and IR35

[Flopsy]

Curious situation with a long standing contract coming to an end.

Work is a little patchy but my client tells me that they would like me to start on a new project in October. That leaves September to fill.

They don't want to "let me go" as I am particularly in demand for the new project.

Fine with me as I could do with a holiday. Their permies are offered "gardening leave" in a similar situation and paid.

My options are either to

1. look for extra work for the void period
2. find another contract and not return
3. have that holiday and see that is really there on my return
4. sign a new contract for October and go on holiday etc

Obviously, if they offer an equivalent of "gardening leave" I'll have to make sure that the "powers that be" don't find out for IR35 purposes.

What have others done in the same situation? Has anyone been paid the equivalent of "gardening leave" as a contractor and survived IR35?

The client has always been upfront and honest in the past. I enjoy the work and would like the new project.

[FarmerPalmer]

if you need the money then take another contract else take the month off

could you use the month to develop something within your business that you could sell yourself ?

small utility progfram, or game for a phone or something ?

could you do with doing some technical training ?
... get some new hardware and have a play.

be a business man not an employee

... that's just my opinion

[TykeMerc]

In a similar situation I charged a retainer fee at a reduced rate and didn't break it down on the contracts or in writing, the contract was simply extended and less days invoiced during the slack period.

It was all negotiated verbally with the client as it worked out well for both companies and I was free to sort out a seperate small project that I had on the back burner at the time.

[b0redom]

Bill them a retainer? That's what lawyers do - at least on the telly....

[cojak]

Oh Dear - do you want a pension too?

[pmeswani]

Oh Dear - do you want a pension too?

Maybe he wants fries with that too. ;-)

[BolshieBastard]

Oh Dear - do you want a pension too?

My thoughts exactly! And some folk wonder why the get IR35 caught!

[ft101]

Take the month off! Enjoy it. Jeez.

[Flopsy]

Thank you. I guess I was more nervous than I thought with the end of this contract.