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

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  • northernladuk
    replied
    Originally posted by BlueSharp View Post

    FTC's are employment contracts.
    Ah true enough but not quite on topic for this thread as it says in the title 'Inside IR35'

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  • BlueSharp
    replied
    Originally posted by northernladuk View Post

    That link is all about employees and has nothing to do with us. For example it mentions delaying the start date is breach. Not for us. The contract starts on the date put forward but if there is no work for the contractor the don't come in etc. Didn't really read the rest of it but can't believe much else in there relates to us either.
    FTC's are employment contracts.

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  • northernladuk
    replied
    Originally posted by BlueSharp View Post


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

    https://www.warnergoodman.co.uk/site...draw-job-offer
    That link is all about employees and has nothing to do with us. For example it mentions delaying the start date is breach. Not for us. The contract starts on the date put forward but if there is no work for the contractor the don't come in etc. Didn't really read the rest of it but can't believe much else in there relates to us either.

    Leave a comment:


  • BlueSharp
    replied
    Originally posted by northernladuk View Post

    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.

    https://www.warnergoodman.co.uk/site...draw-job-offer

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

    end of story

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  • northernladuk
    replied
    Originally posted by BlueSharp View Post
    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.

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  • BlueSharp
    replied
    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.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by SussexSeagull View Post
    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.

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  • SussexSeagull
    replied
    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.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by chicane View Post
    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.

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