Inside IR35 - should end client pay unconditionally for contractor being available?

[malvolio]

There is never an absence of MoO. All you can aim for is an irreducible minimum, as per RMC.

Putting that to one side you are still an on-demand resource, not a wage slave. You should not expect to be paid if you haven't done anything unless you have a contractual retention clause -which to my mind is unlikely

The point is, you have to negotiate the Ts&Cs, "rights" are not part of the equation.

[chicane]

Thanks NLUK and Malvolio - very valid points. It just goes to highlight the hypocrisy of the legislation but I'm sure that's been covered more than adequately elsewhere.

Here's another example. You'll be expected no to work during xmas and bank hols as the client offices are closed. Exactly the same thing.

NLUK I agree with your points in general but I'm not sure that the situation I've described is "exactly the same thing" as not working on Christmas and bank holidays. The situation I've described is an unexpected one that comes about as a surprise to both client and contractor rather than something that's been planned for.

Regardless of the contracts in place, and as is often the case in practice, a certain amount of tolerance and compromise would be needed from all parties involved to ensure that all relationships involved are able to continue in a positive way.

[BlasterBates]

You need to check the contract, if you are paid per hour and there is no clause regarding minimum hours then basically no; it is no different than a zero hours contract, but you could try the angle that the agency/client was unreasonable and sue for damages. I don't think this is worth the effort. I would move on.

[northernladuk]

NLUK I agree with your points in general but I'm not sure that the situation I've described is "exactly the same thing" as not working on Christmas and bank holidays. The situation I've described is an unexpected one that comes about as a surprise to both client and contractor rather than something that's been planned for.

Regardless of the contracts in place, and as is often the case in practice, a certain amount of tolerance and compromise would be needed from all parties involved to ensure that all relationships involved are able to continue in a positive way.

I think it is but I am not in the same headspace as you. The client has a period where you the client does not want you to work, the actual reason is immaterial, so you don't work. Doesn't matter if it's a delay in delivery, the office is closed, it's just how the client works, whatever. They don't need you then you don't work. That's the contracted agreement.

But as I said, this is the problem with hypothetical questions. You can throw all the thoughts you want in and it gets further and further away from what is reality. It's definitely in the contract but it's very very rarely going to happen so I wouldn't spend too much time thinking about it.

[SussexSeagull]

You have made yourself available for work at an agreed time. If they aren't in a position to offer any then that isn't your problem. Presuming you charge in units of days then bill them for the day but ask them when they are going to be ready for you then try again.

[northernladuk]

You have made yourself available for work at an agreed time. If they aren't in a position to offer any then that isn't your problem. Presuming you charge in units of days then bill them for the day but ask them when they are going to be ready for you then try again.

But it is your problem. It's stated in black and white in the contract.

[BlueSharp]

It really depends on the contract if it's a fixed term employee contract I absolutely would expect to be paid and would use all the perm protection to ensure I was paid. If it's a temporary worker agency type contract in the style of paid for hours work it's not so clear.

[northernladuk]

It really depends on the contract if it's a fixed term employee contract I absolutely would expect to be paid and would use all the perm protection to ensure I was paid. If it's a temporary worker agency type contract in the style of paid for hours work it's not so clear.

He says explicitly inside IR35. IR35 would not factor if he was FTC. If he's got a contract it will be perfectly clear in his contract. His tax situation makes no difference to the engagement with the client.

[eek]

He’s an agency worker and no work is available so he won’t be paid.

end of story

[BlueSharp]

He says explicitly inside IR35. IR35 would not factor if he was FTC. If he's got a contract it will be perfectly clear in his contract. His tax situation makes no difference to the engagement with the client.

Agreed it has nothing to do with his tax determiniation but the type of contract.

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