Been asked to 'take some leave'

[BolshieBastard]

IR35 - Wikipedia, the free encyclopedia

"In September 2011 a Freedom of Information Request revealed that the number of cases reviewed had fallen from 158 (year ending April 2007) to 12 in year ending April 2010 and 23 in year ending April 2011. The same document also gives the "tax yield received for the requested years" as having fallen from £1,906,619 to £219,180. No details are given for the costs of the investigations or the costs of collecting the tax. It is not clear whether this figure relates to the revenue raised from investigations, or the total revenue from IR35. No figures were given for the cost of administrating the tax, or the cost of the investigations"

That was a few years ago, more chance of winning the lottery. Do some research before posting your nonsense.

Hahaha! Depending on out of date wiki to defend your position. Yeah, quote that to hmrc when the old brown envelop drops through your letterbox. Anyway, off topic!

[TheFaQQer]

IR35 - Wikipedia, the free encyclopedia

"In September 2011 a Freedom of Information Request revealed that the number of cases reviewed had fallen from 158 (year ending April 2007) to 12 in year ending April 2010 and 23 in year ending April 2011. The same document also gives the "tax yield received for the requested years" as having fallen from £1,906,619 to £219,180. No details are given for the costs of the investigations or the costs of collecting the tax. It is not clear whether this figure relates to the revenue raised from investigations, or the total revenue from IR35. No figures were given for the cost of administrating the tax, or the cost of the investigations"

That was a few years ago, more chance of winning the lottery. Do some research before posting your nonsense.

Rather than pointing to Wikipedia, have you got anything from HMRC which says that IR35 isn't anything to worry about because they aren't bothering to investigate?

As for there being more chance of winning the lottery, do some basic calculations before posing your nonsense.

[Wanderer]

Now the work has started to dry up I have been asked to consider taking some holiday, obviously with no pay.
it appears to me that they want a 'contractor on demand', who will bog off home at their convenience and come back when demand ramps up.

If you are contracted to deliver a fixed price deliverable and there is a lull in the project then that's fair enough. Alternatively, you may have a "zero hour" contract which means they are under no obligation to offer you any work at all but these situations would be pretty rare in my opinion.

As I understand it, they are obliged to pay me if I attend site, even if they have nothing to give me. If I do this, they may be forced to serve a weeks notice (this has not been mentioned), so I could keep things ticking along whilst looking.

I agree with that. If you are contracted to work an 8 hour day, 5 days a week for the duration of the contract and then they have to pay you regardless of if you have work to do. If they run out of work then they have to give notice and terminate the contract and pay you for the notice period even if you don't work it. I know that goes against the group think on this forum and it's probably going to get me shot by the IR35 karma police but that's pretty much how it works and indeed client's see it the same way.

The vast majority of contractors take on contracts expecting to work a full 5 day week and except for a few days in exceptional circumstances (Christmas shutdowns for example) they aren't going to tolerate being sent home without pay when there is no work to be done, we simply don't work that way. Clients understand that if they want a contractor working for them then they have to pay them for the duration of the contract otherwise the contractor is going to bugger off elsewhere or not be available to work when they want them.

What would your approach be ? Take time out through good will and keep things smooth or attend site, drink lots of tea whilst asking for more work ?

1. Do your best to drum up some other work with the client. Ask around and see if there is anything else you can work on.

2. Discuss a compromise agreement where you take a bit of time off (if that's what you want to do)

3. Look for a new contract.


I'd say do number 3 anyway but keep in touch with them for a bit of a sideline job. I can't be bothered contracting with clients who may or may not have any work for me to do leaving me twiddling my thumbs without pay but still expect me to be at their beck and call. Sod that, there are plenty of others out there who can keep me engaged for a full working week.

[Grim Reaper]

I will have a look at the contract. I do not recall it mentioning hours or days of attendance. Besides already started looking and have an interview Tuesday.
Thanks for the reply.