45 hour working week?

[northernladuk]

So your basically acting like an employee, getting instructions like and employee and being treated like an employee....

Jeez you talk some bollocks you do.

[dx4100]

Jeez you talk some bollocks you do.

What was you saying about contractors not being able to claim for the costs of a rented house ? Glass houses, glass houses

[dx4100]

Complying with the client's health and safety requirements is not acting like an employee.

The client is jointly responsible if you kill or injure someone, even if that's yourself, and there are sufficient health and safety laws to enforce that.

You are mixing up issues...

I will refer you to your own advice from 2011

http://forums.contractoruk.com/busin...ml#post1382921

[northernladuk]

What was you saying about contractors not being able to claim for the costs of a rented house ? Glass houses, glass houses

Judging by the last couple days you are leagues above me.

[jamesbrown]

You are mixing up issues...

I will refer you to your own advice from 2011

http://forums.contractoruk.com/busin...ml#post1382921

Read before you post. There's no inconsistency there. It is well-established that H&S requirements are universal and have no bearing on employment status.

[dx4100]

Read before you post. There's no inconsistency there. It is well-established that H&S requirements are universal and have no bearing on employment status.

Working Time Directive are clearly not universal. They clearly don't apply to LTD owning contractors.

Remember we was talking about being made to comply with the Working Time Directive.

[jamesbrown]

Working Time Regulations are clearly not universal. They clearly don't apply to LTD owning contractors.

WTF are you on about? Are you living in some parallel conversation? If there is an issue w/r to H&S, the client needs to be concerned about that. If the limits on working hours stem from an H&S issue, that is not evidence of control. Simple as that.

[dx4100]

WTF are you on about? Are you living in some parallel conversation? If there is an issue w/r to H&S, the client needs to be concerned about that. If the limits on working hours stem from an H&S issue, that is not evidence of control. Simple as that.

The point I am picking up on is in that case you wouldn't be complying with the WTD as suggested previously... You would be complying with a health and safety requirement. The two are totally different.

If a client was making you compile with the WTD, something which doesn't apply to directors of limited companies, I would be concerned about how the client was viewing this relationship...

Asking me to comply with a H&S requirement is different. Sue mixed the two up above.

[psychocandy]

Complying with the client's health and safety requirements is not acting like an employee.

The client is jointly responsible if you kill or injure someone, even if that's yourself, and there are sufficient health and safety laws to enforce that.

SE is right. Even someone coming on site to fix the fridge for the day may be subject to signing some sort of agreement like this.

Sorry but playing the IR35 and telling client you're not doing it wont end well.

[dx4100]

SE is right. Even someone coming on site to fix the fridge for the day may be subject to signing some sort of agreement like this.

Sorry but playing the IR35 and telling client you're not doing it wont end well.

Like what ? What are we actually talking about signing... An agreement about health and safety ? Ok, no one takes issue with that but that was not my point. I am talking about the WTD... The whole conversation track came out of talking about WTD and not some random H&S requirement.

A client asking you to sign that with them is clearly going to blur lines. Even asking me to sign it with my own LTD is putting a massive amount of control on me. It could stop me doing work for other people once I hit the limit etc which is another defence against IR35 taken away.

While I am not saying its an outright fail. In the world of grey I would be amazed if HMRC didn't take interest during an investigation.