Reducing hours

[escapeUK]

My client is struggling with a very low order book, are making redundancies and the MD has said to me that they might have to reduce my hours.

Having thought about this, id be very happy to reduce them 50% to vastly improve my work life balance. Does anyone have any thoughts of how best to document this to add evidence to not being caught by IR35 (if it was ever required)?

Maybe some how reference mutability of obligation in a letter confirming the change? Though not using those exact words.

[northernladuk]

My client is struggling with a very low order book, are making redundancies and the MD has said to me that they might have to reduce my hours.

Having thought about this, id be very happy to reduce them 50% to vastly improve my work life balance. Does anyone have any thoughts of how best to document this to add evidence to not being caught by IR35 (if it was ever required)?

Maybe some how reference mutability of obligation in a letter confirming the change? Though not using those exact words.

I think escape has be blocked me so someone post this to him....

I would get him to send you a mail advising you of the work situation and ask to reneogtiate the contract. The fact you have to renegotiate rather than have no choice and take a cut will make you look like a business. Come up with a solution, agree by mail and re-do contract. Keep all evidence.

You have made a change in business direction/contract rather than taking a cut like a worker. Sorted.

I presume you are taking a 50% rate cut for this as well? I don't see how MOO can help here. Just do a good solid bit of business and prove that is what you are.

[escapeUK]

I presume you are taking a 50% rate cut for this as well? I don't see how MOO can help here. Just do a good solid bit of business and prove that is what you are.

It depends what you mean by rate. The daily rate would remain the same, but work half less days in a month.

I was thinking MOO in that he is under no obligation to give me work when there is none kinda thing.

[northernladuk]

It depends what you mean by rate. The daily rate would remain the same, but work half less days in a month.

I was thinking MOO in that he is under no obligation to give me work when there is none kinda thing.

I get you about the rate. I see what you mean about the MOO but I can't see how you could strongly evidence it to wave a flag to say your are business. I do think before I go on this is a pretty minor flag. If your working practices are outside IR35 then this really won't make any difference I think but if it makes you sleep at night then it is worth doing. For the record I would also make the effort for an extra piece of paper to wave if the worst happens.

Maybe you could get him to send you a mail explicitly stating they can only offer you x number of hours work a week. That would directly relate to MOO of not offering work rather than cutting your time which could be argued to be different.

Apart from that can't think what else you need to do really.

[Hex]

I've done this.

My contract has good clauses on MOO, so no changes were needed there. I just added a section to say that any days worked under 8 hours a day would be pro rata'd based on an 8 hour day.

I bill by the hour now. I keep my own record of hours worked and I work when I like and as long as I get the job done the client is happy.