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Contract Inside IR35 = Anything Goes?

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    #21
    Originally posted by courtg9000 View Post

    All good advice but I would try for a 28 day sick note. That gives the OP the cover for the notice period if the OP needs it.
    That sounds very reasonable to me - make it 28 days sick.
    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
    - Voltaire/Benjamin Franklin/Anne Frank...

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      #22
      My intention is to leave though, not stay. By just having a couple of weeks off, I would still then have to go back to work and work a month's notice? This is what I want to avoid

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        #23
        Originally posted by Willy Win View Post
        My intention is to leave though, not stay. By just having a couple of weeks off, I would still then have to go back to work and work a month's notice? This is what I want to avoid
        Hand notice in saying Heres my notice of 1 month and I can't work for a month heres my sick note.
        The client is unlikely to keep you around or wait for you to come back for one month.

        Former IPSE member
        My Website

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          #24
          Originally posted by Willy Win View Post
          My intention is to leave though, not stay. By just having a couple of weeks off, I would still then have to go back to work and work a month's notice? This is what I want to avoid
          Well there you go - you are indeed answering your own questions and are beginning to think more clearly.
          "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
          - Voltaire/Benjamin Franklin/Anne Frank...

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            #25
            Anti slavery laws prevent you being forced to work. What's the worst that happen if you simply email the agency and say life's too short for this rubbish, and you're terminating the contract with immediate effect?

            Weigh potential losses against the enormous sense of relief. And then when you feel better, you dun them for any missing payments (for work you've actually done).

            Alternatively (I really don't recommend this, just thinking about it may make you feel better), consider creative ways to get fired...

            Yes, with IR35, anything goes. That applies to the way you behave as well, if needs be.
            Down with racism. Long live miscegenation!

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              #26
              "Always, Always", estimate your tasks and prioritise them like a queue. Make it clear (possibly written) that if something else takes priority then one from the queue will have to be thrown out. This helps set the expectations for both sides.

              Being a contractor (inside or outside) is also about not letting them to make you a puppet!

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                #27
                I must admint I hate the 'go of sick' like with a vengence but only because it's generally touted as a reason not to fulfil the contract like it makes a blind bit of difference. That's perm thinking. This is business. If you can't fulfil it then just be upfront and say you don't want to do it. Being off sick makes no difference.

                In this case however if it is really making you ill and could potentially reduce the amount of fall out from the client or agent then it's definitely a good option. Don't try shoulder this until you are in a proper state. First and foremost is your mental and physical health if it really has gotten to that stage.

                IMO don't use a sick note as a made up excuse way of sliding out of a gig that could be dealt with professionaly but NEVER avoid it if its needed which sounds to be the case here.

                Whatever happens, don't worry. At the very worst there will be a bit of fuss from the client/agent. DON'T WORRY!!! This will come to nothing so don't let it ruin you. You have all the options and none will come back badly on you. If you didn't turn in tomorrow and ghosted the whole thing it would turn out fine in the short term future. Don't worry about all that and don't feel trapped. You hold the cards and have many many options that will end this mess in a way you want.

                Take some confidence you have so many options and nothing will come of it. Get the help you need, deal with the client/agent in the way that suits you best and move on. If that way is a few weeks until you get something and just walk, if it's don't turn in on Monday or ever again then so be it. You are in control and there will be no long lasting affects. Think of you and screw the gig if you really need.

                Sounds like you are getting your head around that so think on it, do what is best for you and then feel better you've got a solution.

                Good luck;
                'CUK forum personality of 2011 - Winner - Yes really!!!!

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                  #28
                  The suggestions and input from everyone on here have been really valuable. I have little in the way of a financial buffer for downtime between contracts but at the same time cannot continue at this client. I am being paid 1 month in arrears so, understandably, it's a big chunk to make sure I get paid as opposed to being on a weekly payment.

                  So my options are:

                  1) Email/ text client on Monday that I'm off sick then get appointment same day (if possible) for a sick note from GP and hope it is for 28 days. If I do and secure another job in the meantime this could cause problems if the new company wanted me to start quickly - I would still be in contract and have to give a month's notice so not sure how to navigate that one

                  2) Email agency on Monday with notice of resignation stating that I have been signed off by the doctor and a sick note will follow, avoid phone calls and asking for instructions on returning all equipment (could they just refuse to pay by the sheer fact that I am not physically working the notice or is this being pedantic?)

                  3) Work for another week or 2/however long I can get away with going along with what client is asking but in reality so just doing what I can in my normal working day, trying to ignore the additional workloads, complaints etc until I get fired/get another gig/ lose it completely ?

                  3) If I can't get a sick note or if it's only for say a week-10 days, what then?

                  Any others I've missed?


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                    #29
                    Once you've got your 28 day sick note, there's a chance the client may bin you off but you could also serve notice a day or two after you get it.

                    Worry about start dates with a new client, when you get offered a role. You only need to be stressing about one thing at a time!

                    If timesheets etc have been signed, there is no reason for withholding payment. Obviously you can't expect to be paid while you're off sick. Do make sure, if you're via an umbrella, that they pay you for any holiday pay deductions they may have taken.

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                      #30
                      Option 1 and don’t stress about the sick note of you got a new contract, they don’t need to know about it
                      merely at clientco for the entertainment

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