Handling 'guidance' re WFH

[JRCT]

How would you handle this?

I understand the IR35 issue with me having direction & control, including my normal place of work etc. And I also understand that in practice I have to be on client site most days.

The project manager is telling all contractors that they can WFH one day a week and whilst I don't have an issue with where I work, in trying to point out that she can't dictate that to all contractors it's starting to get blown all out of proportion.

I don't want to bang a drum that makes me out to be a trouble causer, but at the same time if there ever was an investigation on any of us and it was found that we has all been given this instruction then we'd potentially all be seen as disguised employees and there would be tax implications for all contractors and the client and any agencies.

Would you just ignore it and do what you feel is right? Would you continue to explain the rights and wrongs of it all?

[northernladyuk]

How would you handle this?

I understand the IR35 issue with me having direction & control, including my normal place of work etc. And I also understand that in practice I have to be on client site most days.

The project manager is telling all contractors that they can WFH one day a week and whilst I don't have an issue with where I work, in trying to point out that she can't dictate that to all contractors it's starting to get blown all out of proportion.

I don't want to bang a drum that makes me out to be a trouble causer, but at the same time if there ever was an investigation on any of us and it was found that we has all been given this instruction then we'd potentially all be seen as disguised employees and there would be tax implications for all contractors and the client and any agencies.

Would you just ignore it and do what you feel is right? Would you continue to explain the rights and wrongs of it all?

You are absolutely banging a drum that makes you out to be a trouble causer. Stop now and calm things down or leave.

I don't hold with this 1 day per week thing, but WFH when it makes sense. Some weeks I WFH 3 days and some weeks 0 days. If I need to be in, I'm in. If I have a lot of document writing to do, I WFH.

When you've calmed things down, you might try a conversation around business need as per the above paragraph. But you've probably blown it, I'm sorry to say.

I don't operate in an IR35 jurisdiction any more, but I doubt this would be a killer for IR35.

[WTFH]

... in trying to point out that she can't dictate that to all contractors it's starting to get blown all out of proportion.
...
Would you just ignore it and do what you feel is right? Would you continue to explain the rights and wrongs of it all?

OK, so you've got a bee in your bonnet about WFH and have stirred it up with the client.
Are you direct with the client or through an agent?
Has the client specified which day of the week you must work from home, or have they said that you can work from home one day a week?
What does your contract say?
Is it only the contractors who are being asked to work from home, or are permies also being asked it?


Why do you think that working from home makes you more like an employee?

[kaiser78]

How would you handle this?

I understand the IR35 issue with me having direction & control, including my normal place of work etc. And I also understand that in practice I have to be on client site most days.

The project manager is telling all contractors that they can WFH one day a week and whilst I don't have an issue with where I work, in trying to point out that she can't dictate that to all contractors it's starting to get blown all out of proportion.

I don't want to bang a drum that makes me out to be a trouble causer, but at the same time if there ever was an investigation on any of us and it was found that we has all been given this instruction then we'd potentially all be seen as disguised employees and there would be tax implications for all contractors and the client and any agencies.

Would you just ignore it and do what you feel is right? Would you continue to explain the rights and wrongs of it all?

This would be quite subjective and open to interpretation / opinion as to what is right and what is wrong. As others have said it may be too late, but pipe it down a bit and just get on with it.

[JRCT]

OK, so you've got a bee in your bonnet about WFH and have stirred it up with the client.
Are you direct with the client or through an agent?
Has the client specified which day of the week you must work from home, or have they said that you can work from home one day a week?
What does your contract say?
Is it only the contractors who are being asked to work from home, or are permies also being asked it?


Why do you think that working from home makes you more like an employee?

I'm direct. Other contractors are through agencies.
Client hasn't specified the day but just it's one day a week almost like it's a treat.
Contract says home is my usual place of work.
It's perm and contractors being treated the same. The PM that's giving this instruction is also a contractor who works at home 1 day a week religiously.

The thing I'm querying with is the instruction. The fact that we're being told this is the way it is and we have to adhere.

[JRCT]

pipe it down a bit and just get on with it.

Ha. That's the bit I struggle with.

[WTFH]

You are not being forced to work from home on any one particular day of the week.
Your contract says you work from home.

I'd be more concerned that your contract says WFH, but you are going in to the office so much that you might as well be permanent!

By not working from home it could be argued that you are in breach of contract, and if your contract was IR35 checked before you submitted it to the client, you might want to check again as to the validity of you insisting on working there.

[northernladyuk]

You are not being forced to work from home on any one particular day of the week.
Your contract says you work from home.

I'd be more concerned that your contract says WFH, but you are going in to the office so much that you might as well be permanent!

By not working from home it could be argued that you are in breach of contract, and if your contract was IR35 checked before you submitted it to the client, you might want to check again as to the validity of you insisting on working there.

No it couldn't.

[kaiser78]

I'm direct. Other contractors are through agencies.
Client hasn't specified the day but just it's one day a week almost like it's a treat.
Contract says home is my usual place of work.
It's perm and contractors being treated the same. The PM that's giving this instruction is also a contractor who works at home 1 day a week religiously.

The thing I'm querying with is the instruction. The fact that we're being told this is the way it is and we have to adhere.

Is the PM aware of this ? If not, shove it in front of her, tell her you are sticking to this, otherwise you are walking.
Alternatively you could comply and make the most of your single day a week at home.

[l35kee]

Is your issue because you want to work from home more than 1 day a week?