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Do I need to provide a sick note to end client if I am caught inside IR35?

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    Do I need to provide a sick note to end client if I am caught inside IR35?

    I have been off work with a bad case of the flu/ sickness for the past 2 days and texted in to client manager to let her know each morning that I'm not well enough to work. However this afternoon she replied stating that if I take further time off this week that I must obtain a sick note.

    In previous contracts via my limited company working outside IR35 I have never been asked for this (albeit I have rarely taken any time off sick during a contract in the last few years). However, now operating through an umbrella company and inside IR35, as an "employee" of the brolly do I have to supply one? I feel that her tone in her response implies she does not believe that I am unwell which is frankly annoying as I wouldn't just take time off like this for fun when I can't bill for it.

    #2
    What does your contract with the brolly state? If there are any notes to be passed about it should be to the brolly and they will deal with the client. There is usually something in employment contracts about sick notes for sickness over 5 days or summat.

    It's an odd situation though. It's highly likely she's been swamped with people claiming covid but don't have it. I know loads of people wagging it with the covid card when they haven't so it's a real thing. I'd imagine she's had enough of it and you are the first one to cop for her annoyance. I wouldn't get too annoyed. It's all the other idiots that are spoiling it for you so not totally her fault.

    But as you are employed by the brolly and on their clients site I'd check the contract you have with the brolly and speak to them. Let them take it up with her. You have no contractual relationship with them so shouldn't have to supply anything to them. It should be done through the proper chain if anything.

    If she's busting your chops about it then just advise her you are looking in to the proper process with the brolly and will be back to her as soon as you know.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #3
      Are you still at the same client from September? It's interesting to note you mentioned covering for sick when you posted about it.

      https://forums.contractoruk.com/busi...hing-goes.html

      Even if it's not you can see what I mean about pulling a sickie to get out of the notice that is mentioned in there. She's probably been burned by this before and is pushing the issue.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #4
        Originally posted by northernladuk View Post
        It's highly likely she's been swamped with people claiming covid but don't have it. I know loads of people wagging it with the covid card when they haven't so it's a real thing.
        Like this you mean?


        She has no right to request a sick note unless you are an employee of the client. In order to receive SSP from your brolly you will need to have been sick four consecutive days, have a fit note (aka sick note, don't ask me why), and notify the brolly within 7 days of becoming unwell. It's all here:

        https://www.contractoruk.com/umbrell...0be%20eligible.

        Just reply to her that since she's not your employer or a representative of your employer (the brolly), it would be inappropriate for you to send the fit note to her, but you will of course be sending one to the umbrella company. You don't want to lose that 50p a day, or whatever it is.
        Down with racism. Long live miscegenation!

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          #5
          Will she be signing a timesheet and paying you for the time off work.

          If not then send this to her

          Temporary change to fit notes


          For Statutory Sick Pay (SSP), if you go off sick on or after 10 December 2021 your employer can only ask you for proof of sickness, such as a fit note, after 28 days of sickness (including non-working days).

          When do I need a fit note? - NHS (www.nhs.uk)

          Also remind her that your employer is the umbrella you work through - you should be telling the umbrella who should tell the agency who then should be telling the end client but you are shortcutting that for politeness.

          Finally NotAllThere it only takes a second to use google and get upto date information - that's what I did.

          It's not being 7 days since March 2020 and the period is constantly(ish) changing.
          Last edited by eek; 5 January 2022, 07:58.
          merely at clientco for the entertainment

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            #6
            No way at all....

            None of their business. The brolly is your employer in any case. Its not as if they're paying you anyway...

            If I'm sick, which is never, I let the client know AS A COURTESY. Thats it. No sick notes.

            I had an agent like this once, who use to refer to the contractors as "her people". Then she'd want thinks like sick notes and holiday requests which she said she had to authorise!!! (Even tried to tell me once I couldnt have 2 weeks off even though client was ok with it - i.e. didnt want 2 weeks on non-billing more like!)

            I said no. Client was ok. As long as I cleared time away with them they were happy so nothing else mattered.
            Rhyddid i lofnod psychocandy!!!!

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              #7
              Just got a text from her asking whether there are any meetings that need covering today.... obviously she thinks "I'm not well so not working" means I'm still logging in and reading emails and checking my diary

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                #8
                Originally posted by Willy Win View Post
                Just got a text from her asking whether there are any meetings that need covering today.... obviously she thinks "I'm not well so not working" means I'm still logging in and reading emails and checking my diary
                That would be the professional thing to do - check what you have on and let your manager know.
                Or, take the other option of "I'm well enough to post on the internet and send texts, but not well enough to do a 5 minute check on my calendar"
                {emotionless greeting}

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                  #9
                  Originally posted by Willy Win View Post
                  Just got a text from her asking whether there are any meetings that need covering today.... obviously she thinks "I'm not well so not working" means I'm still logging in and reading emails and checking my diary
                  What's wrong with that? If I was off sick, unless I was on my deathbed, I'd be advising I'm not in and outline what is outstanding to make sure the work continues smoothly. Even if you call in day by day you can give a 5 day update so they can plan around you.

                  This is one of the areas I think contractors need to be a step above perms, even if you are inside IR35. You are a supplier, not a bod on site so if you've a commitment to a client you've got to go above and beyond to ensure you don't interrupt a clients work.

                  You are well enough to post on here so you are well enough to check what you were supposed to be doing and advise the client.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    Originally posted by northernladuk View Post

                    What's wrong with that? If I was off sick, unless I was on my deathbed, I'd be advising I'm not in and outline what is outstanding to make sure the work continues smoothly. Even if you call in day by day you can give a 5 day update so they can plan around you.

                    This is one of the areas I think contractors need to be a step above perms, even if you are inside IR35. You are a supplier, not a bod on site so if you've a commitment to a client you've got to go above and beyond to ensure you don't interrupt a clients work.

                    You are well enough to post on here so you are well enough to check what you were supposed to be doing and advise the client.
                    This .... if I was your client and saw you posting on here, I'd be well miffed.
                    I am what I drink, and I'm a bitter man

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