Is this a load of balls?

[MaryPoppins]

Have had a heated debate with a (permie) colleague on this baffling (non) topic.

He claims that managers at clientco are warned not to do things like pay for lunch/dinner for contractors, as they are told that contractors "can then cry unfair dismissal if they're binned, and can claim they were treated as an employee" (that's a direct quote).

I laughed and said that sounds extremely unlikely, and largely amusing, but he is adamant.

He is annoying me - logic doesn't appear to feature in his argument, which is mainly based around "I'm right, Mary. If boss buys you dinner on a work night out, you can make it harder for him to get rid of you. You probably just don't know about this, that's all."

Riiight.

[cojak]

Is he confusing contractors with temps???

[SueEllen]

Is he confusing contractors with temps???

Even if he is there is more to it then just buying someone a meal as a one off.

[stillooking]

in the eyes of HMRC, Mary Poppins will probably be an "employee" but without any rights.

[mall]

Keep the receipt

Tell the permie that it also works against them as well. If the company spends too much on an employee it could be seen as bik and they would pay tax on it. This can crop up at work partys etc.

I cannot remember the limit, but it is not much.

Not that a company would spend money on it's employees in this financial climate

[thunderlizard]

It is mainly balls but it's a step in the right direction. As well as buying contractors lunch, gradually drop in other things like inviting them on team building, dictating their hours, and making them use the client's documentation templates instead of their own.

[cojak]

I wasn't disagreeing - let him keep his argument. I buy my own stationery after all (mainly because most stationery cupboards are rubbish, admittedly...)

In fact it might be worthwhile to encourage this viewpoint! Wouldn't want to be seen as employees with rights, eh folks?!

[Clare@InTouch]

There was an article somewhere recently about how a contractor who is inside IR35 is still not entitled to claim unfair dismissal or other employment rights, so highly unlikely that a contractor outside IR35 could do so! <snip>

[MaryPoppins]

There was an article somewhere recently about how a contractor who is inside IR35 is still not entitled to claim unfair dismissal or other employment rights, so highly unlikely that a contractor outside IR35 could do so!

Ha, excellent! I think I might show him that.

[Sally BFCA]

He claims that managers at clientco are warned not to do things like pay for lunch/dinner for contractors, as they are told that contractors "can then cry unfair dismissal if they're binned, and can claim they were treated as an employee" (that's a direct quote).


Riiight.

I can't imagine any contractor wanting to claim for 'dismissal' and assuming employee status, not good for their IR35 status