Direction and Control

[d000hg]

At the end of the day you don't WANT to be directed for IR35 purposes but you have to consider what the client wants. You can't avoid IR35 if the working environment and type on contract you have is plainly inside.

Check your contract. If it says you won't be directed or don't have to comply then you are fine. If it says working hours are this and so on then your stuffed. If it says neither then your in a bunfight with the client and generally they tend to be right.

WHS. You're paid to do what they want.

[Bear]

just to clarify a couple of points

I'm happy with the terms of the contract as issued - nothing in there about any of these items. Closest thing is the contract states 'normal working hours up to 37.5 hrs per week'

Client has been very flexible (I was doing 3 or 4 days wfh per week) and has stated they will continue to do so but they needed to issue a reminder to those taking the piss.

I'm concerned that they have verbally stated they will be flexible but the only thing in writing very much suggest otherwise.

Is it enough that the actually working practices (and contract) show something completely different to that in the email.

[Hex]

Is it enough that the actually working practices (and contract) show something completely different to that in the email.

Probably - but in your shoes I would reply to the email politely pointing out that none of these apply to you, and then have a private word with them to put their mind at ease. I'd save a copy of the email.