Renewal question

[northernladuk]

Taking on responsibilities outside of your contract is a big flag for IR35 you know?

[amc88]

Yeah. I've submitted another topic as my client prevents me from claiming more than 8 hours' time a day - I'm not too clued up on the 'legality' of this but I doubt he can refuse justified time, which makes me feel even more like he's pushing me into IR35. He's moulding me into a permie, and this is something else I'm going to talk to my agent about otherwise I'm out

[northernladuk]

He can refuse anything he wants really. He pays the wages. I'd be surprised if there is nothing in the contract about it. He has a budget to work to do he has justified limits he can't exceed. I don't think this alone can be called D&C. He's managing you to predefined limits. There are other factors that might ruin that argument but managing you closely with agreed boundaries isn't really an IR35 issue. Giving you new stuff above and beyond the contract is however.

[Ticktock]

He pays the wages.

Does he? AYSYCOTBAC?

[northernladuk]

Does he? AYSYCOTBAC?

Ohh.. Very good spot! I hang my head in shame. I could try and argue it's his money that filters through to eventually pay your wage but I've been caught bang to rights.

[SpontaneousOrder]

if he is indeed r35 caught then they could be called wages.