3 month gig - PM says no hols not even one day!

[SussexSeagull]

He doesn't need to invoke notice, he can simply say "I am not working Saturdays" and they can decide to can him.

This is the way forward. Bet you the PM folds though.

[jbond007]

Talk about being under direct control of the client!! Even Stevie Wonder can see this is totally inside IR35, hope he's making allowance for the extra tax and NI that HMRC may be asking for at some point

How would HMRC know whether he is within IR35 or not ? He would be billing for 24 days (or 26 days if it's 1.5 times weekend rate). It's not like HMRC looks at your individual invoices.

[MrMarkyMark]

How would HMRC know whether he is within IR35 or not ? He would be billing for 24 days (or 26 days if it's 1.5 times weekend rate). It's not like HMRC looks at your individual invoices.

Pretty poor response. Well of course they wouldn't.

However, would I want to be in his shoes, if he was investigated and they asked about his working practices?
No I wouldn't.

[DaveB]

How would HMRC know whether he is within IR35 or not ? He would be billing for 24 days (or 26 days if it's 1.5 times weekend rate). It's not like HMRC looks at your individual invoices.

Becasue should he ever be subject to a tax investigation, the first thing they will do is contact his previous clients and enquire about working practices. All it takes is one word from HR or the PM at the client and he's screwed regardless of what the contract says.

[LondonManc]

Becasue should he ever be subject to a tax investigation, the first thing they will do is contact his previous clients and enquire about working practices. All it takes is one word from HR or the PM at the client and he's screwed regardless of what the contract says.

Depends on the contract, surely? If the terms of engagement are that he is required to deliver the project within the given timescales and that a six day working week is stipulated because it is a short term, high volume gig then what breach is there?

[MrMarkyMark]

Depends on the contract, surely? If the terms of engagement are that he is required to deliver the project within the given timescales and that a six day working week is stipulated because it is a short term, high volume gig then what breach is there?

Asked him at interview - any hols. Nope nothing substantial just odd day maybe.

Hes been there three weeks. Advised PM that 4 weeks time he wouldn't be there because of hospital appt.

PM has now said - sorry no days off at all. We've got a deadline so I need everyone there every day. And BTW you're all down to work every Saturday for the next month - not negotiable.?

Sounds like something said after the event, rather than being part of the contract.....
This is real Direction and Control as far as I'm concerned.

[LondonManc]

Sounds like something said after the event, rather than being part of the contract.....
This is real Direction and Control as far as I'm concerned.

I agree with you when it's put in the context of the OP; I'd want a rewrite of the contract to cover myself if that's what's expected of me. I'd want fair reward for in effect handing over a quarter of a year of my life to someone, i.e. 50 grand.

[ceebeepps]

Had a similar situation recently. Told client their request was outside of my contract, and whether other people did it or not was not my concern because I'm not other people. It wasn't convenient for me, it was in my opinion an unnecessary request so I didn't do it. I also expected a termination but didn't get it (yet!)

[psychocandy]

Had a similar situation recently. Told client their request was outside of my contract, and whether other people did it or not was not my concern because I'm not other people. It wasn't convenient for me, it was in my opinion an unnecessary request so I didn't do it. I also expected a termination but didn't get it (yet!)

The old "Well everyone else is doing it"....

[LondonManc]

Had a similar situation recently. Told client their request was outside of my contract, and whether other people did it or not was not my concern because I'm not other people. It wasn't convenient for me, it was in my opinion an unnecessary request so I didn't do it. I also expected a termination but didn't get it (yet!)

Well done. Every case on its merits and all that. Even if it was convenient, then I'd want a renegotiation of the contract.