Potential gig with on-call element

[dx4100]

A bit short-sighted to be honest. Got to decide each situation on its merits if you ask me.

If you want to be an awkward git who refuses to fit in, give a little, refuses to work the odd weekend if asked or so the a small favour then be prepared to have to find a new contract. Seen it many times- theres always one contractor who sticks to the exact word of the contract, won't budge an inch - out the door.

I'm not saying bend over. There are many clients who will take the p@ss. I'm just saying judge it on the situation.

In my case, I'm inside IR35 anyway. My client is pretty good. They were in a bit of pickle with not enough to people do to on call. OK, rate for the on call was crap but its easy. LAst year I got to bill for probably 20 days of my holidays so bit of a bonus.

I could have said no of course but, IN THIS CASE, the positives gained for myself and the good feeling I achieved, outweighed the negatives for me.

Then again, in the past, a client asked me to do on call. Rate was same as permies. hmmm. There was no remote access. If I got called I'd have to drive an hour to the office, then ONLY get paid for time in the office. Potentially, 100 mile drive, 2.5 hours for 30 mins pay. Umm no I don't think so.

Its not really short sighted - Its just the parameters I set for myself. I don't want to do on call and it does have a wiff of IR35.

[dx4100]

How is it different than a lawyer's retention? The on-call element isn't that much of an IR35 factor. What is more important is that is that it's usually tied to a support role and IMHO most of these are inside IR35 to begin with.

IR35 aside, the terms of the on-call sound generous. Just don't accept TOIL and what not and demand payment for it all. Even if remuneration is not strictly in the contract I would simply refuse doing it if they renege on what was discussed.

Don't know my friend - I was only suggesting it needs some consideration. I would certainly be running it by an IR35 specialist first personally.

[psychocandy]

Its not really short sighted - Its just the parameters I set for myself. I don't want to do on call and it does have a wiff of IR35.

If you don't want to do it fair enough of course.

And yes I will agree about IR35. BUT as I said, I'm Inside at the mo anyway.

[psychocandy]

Don't know my friend - I was only suggesting it needs some consideration. I would certainly be running it by an IR35 specialist first personally.

Would I do it for an outside IR35 contract? I don't think I'd be so keen to be honest, especially if it was TOIL rather than written into the contract.

[WordIsBond]

On-call work would not definitely make the contract inside but it's probably a danger point.

One option would be to split it into two contracts, one for the regular work and a second for the on-call weekend work. You could potentially operate the weekend one inside IR35, the other outside.

[perplexed]

On-call work would not definitely make the contract inside but it's probably a danger point.

One option would be to split it into two contracts, one for the regular work and a second for the on-call weekend work. You could potentially operate the weekend one inside IR35, the other outside.

Companies do outsource support work. As long as the contract and working practices are there, can't see it's an IR35 issue.

[BHicks]

Companies do outsource support work. As long as the contract and working practices are there, can't see it's an IR35 issue.

Good to know.

As it happens, the issue has self-resolved.

I had a message from the agency asking me to give them a call. When I got in touch it turns out the client has requested not to proceed with the placement as apparently they took issue with the fact that B&C were involved and daring to request clarifications/amendments to confirm the IR35 status. Particularly as the client was insistent it be a 12 month contract.

Not impressed with the client or the agent's handling of the situation tbh but that's business for you.