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Working conditions going to pot

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    Working conditions going to pot

    It seems, the dreaded 'control' factor is rearing it's head in my contract role.

    I was told to drop contractor from my email sig as 'it didn't add anything'; many other staff are contractors.
    Then colleagues and I received an email stating the hours of work and getting permission to work away from home/take time off.

    Granted I haven't been strictly supervised, monitored or appraised (I work on a set of deliverables to a deadline, which I believe is standard stuff), but how does one deal with this 'creep' of seeming control, given it's a contract? If I'm not careful, this might begin to feel like being an employee.

    #2
    To be honest although this doesn't sound good I don't see that you are in trouble yet. It sounds to me like someone has overstepped the mark or have been taking the piss so the client is just ruffling feathers to get everything back in order. We have had wfh bans and a reminder of core hours twice at one of my clients which got relaxed shortly after. I think the fact you have done this historically without a problem proves the client doesnt see you as a permie. He is just kicking some butt which will relax once the dust has settled.

    What I would do however is gather as much evidence as possible to prove your old working conditions just in case this isn't a passing phase. Copies of mails with your addition on, previous evidence of odd hours you worked, photocopy of your security pass if it is different to permies, anything you possible can just in case.

    If you are so worried try getting a Confirmation of Arrangements letter signed so you have it in writing the general agreement is still in place.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #3
      Thanks. I'll try and get a letter confirming my conditions and will update on this post afterwards. That'll go some way to determining if my contract is meaningless or not (if the former, I'll put it down to pot luck/experience that the client is controlling)

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        #4
        Originally posted by vortrail View Post
        It seems, the dreaded 'control' factor is rearing it's head in my contract role.

        I was told to drop contractor from my email sig as 'it didn't add anything'; many other staff are contractors.
        Then colleagues and I received an email stating the hours of work and getting permission to work away from home/take time off.

        Granted I haven't been strictly supervised, monitored or appraised (I work on a set of deliverables to a deadline, which I believe is standard stuff), but how does one deal with this 'creep' of seeming control, given it's a contract? If I'm not careful, this might begin to feel like being an employee.
        Hi vortrail,

        Note that even if you do fail on control, there are two other primary factors for determining IR35 - right of substitution & mutuality of obligation.

        A contract cannot be an employment contract unless HMRC can prove all three of these factors, which means you only need to prove one.

        Control should therefore not be an issue providing you are comfortable you meet either of the other two.

        I hope this helps.

        Martin

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          #5
          Thanks Martin, it does help

          I guess it depends on the company one joins and their culture.

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            #6
            Originally posted by vortrail View Post
            Thanks Martin, it does help

            I guess it depends on the company one joins and their culture.
            You are kinda making yourself fail with comments like that. You are not joining a company, you are supplying services to them
            'CUK forum personality of 2011 - Winner - Yes really!!!!

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