When to arrange terms & conditions of a contract?

[xchaotic]

Just got another extension of my current gig, and I would be quite happy to continue even further but it all seems to slip into a well paid employee scheme.
As it is now, I work in the office most of the time, using their computer, through an umbrella, well inside IR35 etc.

Looking for another contract, I would like to ensure that's it's the other way around - that I am a separate company doing business with a client and that by default I work from my own office (of course I would visit client's office I imagine), using my equipment, thus safeguarding myself from IR35 and from having to show up at 9am like any other drone every single day.

Now I know that many managers (especially the inexperienced ones) might not be happy with that kind of arrangement or might not even be aware that someone want to demand that.

I would like to be clear on that and I wonder when is it a good time to cover that issue:
a)during the initial contact
b)during the interview
c)once I have been accepted

From my experience it seems that while some arrangement can be made at point c), all the paperwork is ready at that point and all you can get is a sort of flexi-time regular employees get...

Any pointers on how not scare the potential client, while remaining independent?

[SueEllen]

Turning up at 9am everyday using the client equipment is not a pointer for IR35. Most of the time you need to work on location in the client's offices using their equipment due to security concerns. If you do a search for IR35 you can see these points have been covered before.

In addition it really depends on the agency and the client whether you are caught by IR35. Some clients and agencies have awareness of the issues so ensure contractors are definitely not employees, there as others are just ignorant. Size makes no difference it just depends on who you are dealing with.

[BolshieBastard]

IMO, you need to mention the specifics you want the contract to run by during the interview. That way, you'll get a good feel for whether your requests to work from home, use your own equipment, flexibility on hours per day etc will be ok or not.

If the client doesnt normally do these things for contractors, its pretty certain the interviewer will say its a no go, subject to local manager or no problem.

Depending what answer you want and get, you can take it from there when talking to the agent regarding the contract.

Unfortunately, most clients see contractors as 'temp employees' not businesses so its always subject to change.

[expat]

Just got another extension of my current gig, and I would be quite happy to continue even further but it all seems to slip into a well paid employee scheme.
As it is now, I work in the office most of the time, using their computer, through an umbrella, well inside IR35 etc.

Looking for another contract, I would like to ensure that's it's the other way around - that I am a separate company doing business with a client and that by default I work from my own office (of course I would visit client's office I imagine), using my equipment, thus safeguarding myself from IR35 and from having to show up at 9am like any other drone every single day.

Now I know that many managers (especially the inexperienced ones) might not be happy with that kind of arrangement or might not even be aware that someone want to demand that.

I would like to be clear on that and I wonder when is it a good time to cover that issue:
a)during the initial contact
b)during the interview
c)once I have been accepted

From my experience it seems that while some arrangement can be made at point c), all the paperwork is ready at that point and all you can get is a sort of flexi-time regular employees get...

Any pointers on how not scare the potential client, while remaining independent?

You have more chance at c) than earlier, because the client has already invested more by then, including by now his expectation of having found a good person for the contract.

But you have to face the fact that you will scare the bejasus out of the client. The working arrangements that you are suggesting do not correspond at all with what most clients have in mind. The contract you want is just not the contract that most clients want to fill. IMHO if you honestly and fully convey to the client what you want, at any stage, then the contract will disappear; or to be more precise, the client will clarify his requirements and it will be clear to you both that they do not match yours.