Time Off In Lieu - IR35 Indicator?

[BillHicksRIP]

My contracted hours are 35 per week but client is looking to ramp up a testing cycle which will require me to work 48 hours a week and across weekends. Before I start negotiating rates for this, if I'm offered time off in lieu for some of the hours, is this a pointer to be inside IR35? I had my contract and working practices reviewed by B&C before I started, and have been declared outside based on the available info at the time. I'm on a daily rate and the contract does include rates for callout and standby and am just debating how hard to turn the screws on a rate for working 12 hours on a Sunday.

[pmeswani]

My contracted hours are 35 per week but client is looking to ramp up a testing cycle which will require me to work 48 hours a week and across weekends. Before I start negotiating rates for this, if I'm offered time off in lieu for some of the hours, is this a pointer to be inside IR35? I had my contract and working practices reviewed by B&C before I started, and have been declared outside based on the available info at the time. I'm on a daily rate and the contract does include rates for callout and standby and am just debating how hard to turn the screws on a rate for working 12 hours on a Sunday.

I can't answer the bit about IR35. However, why not charge your client 1.5 times your hourly / daily rate for the 8 hours and then double time for anything above and beyond? Either that, or 1.5 times your hourly rate and a day off in lieu?

[slogger]

My contracted hours are 35 per week but client is looking to ramp up a testing cycle which will require me to work 48 hours a week and across weekends. Before I start negotiating rates for this, if I'm offered time off in lieu for some of the hours, is this a pointer to be inside IR35? I had my contract and working practices reviewed by B&C before I started, and have been declared outside based on the available info at the time. I'm on a daily rate and the contract does include rates for callout and standby and am just debating how hard to turn the screws on a rate for working 12 hours on a Sunday.

shouldnt really be discussing time off in lieu - however client should write to you/email you that you arent required to come in for x days as there is no work for you to do and they wont be paying you whilst absent (then no mutuality of obligation ;-))

obviously if you've earnt enough to cover this time off previously then nice - try and think of it more as two companies working together - which it is - rather than an employer/employee.

[northernladuk]

Why can't you just work an arrangement between you and your client manager agreeing this? Surely it would be deemed in your favour if indeed it has anything to do with IR35 as you are agreeing flexible arrangement between you and your client. I do this for you, you do this for me is a business arrangement so works in your favour no? Asking a client if you book days in lieu and then asking when you can have the time off is like a permie? Similar situation but handled slightly differently can look very different when investigated.

Why don't you throw in the term 'call off days' or something rather than days in lieu, another tick in the IR35 box in your favour if you have a flexible call off arrangement? That way you can discuss how much time you have in your favour without using the dreaded 'day in liue' term?

[Wanderer]

if I'm offered time off in lieu for some of the hours, is this a pointer to be inside IR35?

No, I don't think it makes a difference. Try to spin it that it's you calling the shots of when and how you do the work IR35:Control and that you don't have to turn up at work on any given day (eg, if you've worked the weekend) which is good for IR35:MOO.