Working from home

[mcskiver]

Hi,

I've been in a contract (renewed a couple of times) since January. Each time i've renewed the contract had the following:

"London will be the prime location when the project requires work at a Client
site, but the Contractor shall be entitled to perform the Services from its own premises when they may be adequately performed from there."

Due to the fact that the client couldn't give me network, printer or internet access, nor had the correct software, hardware etc for me to do my job, it was agreed I work from my own location with my own equipment for around 6 months.

At this point a new manager came in and decided I had to work from the client office, which I did. The client then closed that office, and required me to work at another one, about 20 minutes further away, which I have. I'm still using my own laptop, software etc, just sitting in a room at the client's office with some other contractors.

He now wants me to obtain permission if I want to work away from the office.

Am I within my rights to insist on this given the line above in my contract, and the fact that the client has moved offices? In fact, i'm worried that the going along with his little charade makes me more likely to be IR35 caught!

[thunderlizard]

Yes

[mcskiver]

I suppose the next question is then, do you have any advice or experience in dealing with this?

(Thanks for the quick response by the way)...

[stingman123]

In a previous contract, the paperwork specifically quoted me as being at a specific site, once the client site changed, I was told that the contract was null and void, I immediately got onto my agency and was given a rate rise and the option to work from home for 2 days a week.

[VectraMan]

You are within your rights to insist, but of course the client is within their rights to terminate your contract as long as they stick to the amount of notice agree. And they're definitely within their rights not to give you an extension.

So you might want to play it carefully.

[d000hg]

How feasible is it as a business to get a contract saying you'll charge £X/day, with an excess of £Y/day working away from your own premises?

In common-sense "I'll work in whichever location but I'll charge less for each day I'm at home".

[mcskiver]

I'm leaving in a month anyway, don't wish to extend (partly because of this changing work situation), so that isn't an issue.

I'm interested in the idea they could give me notice though. I know in practice if they gave me notice there's sweet FA I could do about it, but could they legally give me notice because I try to apply the terms agreed in the contract?

I just contacted the agency to see if they could advise me on the politest way to deal with it, and they're going to get back to me but at the moment see it as a"benefit" that I got to work from home previously!

This despite the fact they only allowed me to do it because they couldn't provide the equipment needed to do the job! Seems to me I did them the favour...

[malvolio]

You're thinking like a permie. The contract is clear, go with it. If they kick up, then fine, tulip happens. As you say, letting them control where you work is a bad idea for IR35 at the best of times, even more so when you have the right to decide for yourself.

Don't worry about upsetting them. If you're professional, they'll have nothing to be upset about. Your line manager might, but you don't have a contract with him.

You're running a business. Behave like it.

[northernladuk]

i'm worried that the going along with his little charade makes me more likely to be IR35 caught!

Surely the fact it is in your contract is all you need to prove to IR35 guys. The fact that client wishes you to work on his site is neither here nor there when it comes to IR35. It's one thing being a consultant and not seen as a hidden employee but its totally another thing to be swanning in and out and picking your work place as you see fit.

Your contracted to do this so IR35 tick. The client respects your contract but wants you to work on his site. You haven't changed contract so no change to IR35 status IMHO. The actuals are dealt with by gentlemans agreement or client/provider agreement.

I have a personal note to add here. A guy was in this situation at my place and threw a fuss an moaned to the other contractors and permies about it. The end result of this is he is now seen just another f***ing contractor and we have been tarred with the same brush by sitting there and do exactly as we are told/contracted. Personally I think he should have just shut up and got on with it instead of involving other contractors and permies as he dropped us all in it and further tarred our profession. Food for thought?

[northernladuk]

You're thinking like a permie. The contract is clear, go with it. If they kick up, then fine, tulip happens. As you say, letting them control where you work is a bad idea for IR35 at the best of times, even more so when you have the right to decide for yourself.

Don't worry about upsetting them. If you're professional, they'll have nothing to be upset about. Your line manager might, but you don't have a contract with him.

You're running a business. Behave like it.

Sorry but I don't agree, well only partly. Yes your right in theory but to take this attitude just over obtaining permission to work from home? Have to weigh up the cost of upsetting them over the benefit of upsetting them and this case I don't think this carte blanche approach is justified.

At the end of the day there is nothing here saying that he WON'T freely give permission. It might be he has been burnt with people abusing homeworking so he is keeping tight reign on it. Nothing wrong with that. What's the point of kicking up such a fuss when he might say ok anyway?