Fixed Term (No Notice) from the Contractor

[MyUserName]

Surely this is an easy matter to handle. They are asking you to take duties beyond your contracted ones, explain that due to your IR35 insurance (or awareness if you have no insurance) you are prohibeted from doing this. If they would like to revise your contract to include this then that is fine, although this extra duty will be incur a charge i.e. a rate increase.

If they say that you have to do it with no contract change then apologise but expain that this will not be possible and if they wish to terminate your contract and switch to a different supplier you will understand.

[Sockpuppet]

It's only a personal opinion, but I think you'd still be OK for MOO, since you wouldn't be getting "paid you for time you didn't work", but instead for time spent in readiness of a call-out (e.g., you're being remunerated for avoiding any socialising, travelling, drinking, etc, that might make you unavailable). That's not MOO; that's providing a service. This would be particularly evident if you were getting paid more if you were actually utilised, compared to when you were standby but not called out. I still wouldn't do it, though, because it's usually simply not worth the remuneration.

I get that but I'm not a huge fan of "just stick an extra day down" type of arrangements. I'd rather it go through as a separate line.

It's not far from that to I'm taking next Wednesday off but I'm on call so I'll fill that day in as my "on call day" which would look like paid holiday to any half decent tax inspector.

[kingcook]

Surely this is an easy matter to handle. They are asking you to take duties beyond your contracted ones, explain that due to your IR35 insurance (or awareness if you have no insurance) you are prohibeted from doing this. If they would like to revise your contract to include this then that is fine, although this extra duty will be incur a charge i.e. a rate increase.

If they say that you have to do it with no contract change then apologise but expain that this will not be possible and if they wish to terminate your contract and switch to a different supplier you will understand.

Good advice, but I would only mention IR35 as a last resort. I'd just say (in a polite way) that if they want extras, then they'll have to pay for it.

[MyUserName]

Good advice, but I would only mention IR35 as a last resort. I'd just say (in a polite way) that if they want extras, then they'll have to pay for it.

Fair point, I usually use the IR35 insurance as a way of stopping any arguments before they start!

[northernladuk]

Good advice, but I would only mention IR35 as a last resort. I'd just say (in a polite way) that if they want extras, then they'll have to pay for it.

+1 to this. I have a bugbear about contractors airing their business issues to clients, particularly when they ask for rate rises because they are over the 24 month rule etc. This is your business to run, not the clients. There are much better ways of phrasing this to clients rather than using it as an excuse. They really won't care for a start so make your argument much harder rather than help IMO. If you told a client you want a rate rise because you are over 24 month rule he will shrug his shoulders, if you tell him your costs have gone up and you unfortunately have to pass a portion of this on in rate rises. He is much more likely to understand and work with this. Same issue worded slightly differently.

[MyUserName]

+1 to this. I have a bugbear about contractors airing their business issues to clients, particularly when they ask for rate rises because they are over the 24 month rule etc. This is your business to run, not the clients. There are much better ways of phrasing this to clients rather than using it as an excuse. They really won't care for a start so make your argument much harder rather than help IMO. If you told a client you want a rate rise because you are over 24 month rule he will shrug his shoulders, if you tell him your costs have gone up and you unfortunately have to pass a portion of this on in rate rises. He is much more likely to understand and work with this. Same issue worded slightly differently.

I have found that when discussing this kind of thing, specifically, adding extra duties or IR35 treacherous contract terms then simply stating that it is a condition of my insurance that it does not happen helps everyone.

It cuts down the back and forth and everyone seems to understand that you are running a business with responsibilites above and beyond that project and you are not just another permie who they can order around at will.

Then if they want to redo your contract with extra duties you are at liberty to negotiate a rate increase as the previous contract was agreed without this extra work.

[northernladuk]

I have found that when discussing this kind of thing, specifically, adding extra duties or IR35 treacherous contract terms then simply stating that it is a condition of my insurance that it does not happen helps everyone.

It cuts down the back and forth and everyone seems to understand that you are running a business with responsibilites above and beyond that project and you are not just another permie who they can order around at will.

Then if they want to redo your contract with extra duties you are at liberty to negotiate a rate increase as the previous contract was agreed without this extra work.

Hmmmm interesting. I guess the insurance is a limiting factor that no one can complain about so see how this might work as opposed to you just quoting your business's responsibilities which are yours to manage.

[Wanderer]

It's not far from that to I'm taking next Wednesday off but I'm on call so I'll fill that day in as my "on call day" which would look like paid holiday to any half decent tax inspector.

That's not "paid holiday", that is running the business at a profit because you can take a day off work and still bill for it which is a pointer to being a genuine business and away from direction and control.

I think you are reading far too much into this though. I am genuinely providing a warranty for systems that I designed and manage and I am charging a fee for this service. The manner in which I implement the billing is purely to simplify the admin for the client who's time recording system is set up for permies rather than business to business relationships. It is a testament to my status as an independent business that I can routinely bill for days not actually worked, certainly any "employee" would face immediate disciplinary action if they were to do this.