Bench - the end client bench

[perplexed]

Hi all,

Good news - been offered extension.
Bad news - gut feeling says extension offer is detrimental to my business.

Thought I'd seek the knowledge of the experts here

Basically, the scenario is that the end client want me to extend, but want me to be on their "bench". First time ( and hopefully only time ) I ever have that request made.

My concern is thus that whilst I'm outside IR35 ( or at least, have mitigated as far as possible ), being on the client bench ( being paid for time rather than concrete work ) is a very permie-ish thing in my opinion - lack of MOO in the contract would mean realistically starting the contract with no work, no immediate prospect of work and thus no income as end client *should* simply be telling me to not turn up.

Would I be right in assuming most contractors would thus be busy updating their CV/resume, reject the extension and get the heck out?

[SueEllen]

Yep.

[northernladuk]

How on earth do you think being on a client bench and being available for any kind of work that pops up and are DIRECTED (hint) by the client to do can be outside IR35. Jesus christ.

[Bellona]

How on earth do you think being on a client bench and being available for any kind of work that pops up and are DIRECTED (hint) by the client to do can be outside IR35.

+1
So far inside you may as we'll be a permie

Don't take it

[perplexed]

How on earth do you think being on a client bench and being available for any kind of work that pops up and are DIRECTED (hint) by the client to do can be outside IR35. Jesus christ.

I don't think it's outside IR35. Which was my whole point, to be honest. I can correct the end client, point out that if there's no work as there's no MOO I can sit at home unable to invoice. That then means I start a contract extension with no work, possibility of never getting any work.

Sadly I find Harry Potter more plausible than most deities...

[stek]

Could be be considered as a retainer?

[northernladuk]

I don't think it's outside IR35. Which was my whole point, to be honest. I can correct the end client, point out that if there's no work as there's no MOO I can sit at home unable to invoice. That then means I start a contract extension with no work, possibility of never getting any work.

Sadly I find Harry Potter more plausible than most deities...

It's not about MoO. That is work after the contract. It's about client Direction and Control and no schedule of work. You are a client resource, not a specialist delivering a set piece of work.

[GazCol]

I've been in this position before; the client wanted to keep hold of me for 3 months, in between projects, with no real end objective for this 3 month period. I don't know how my business area (analytics) translates to yours but I was able to circumvent it by getting the client to agree to a contract schedule for this interim period that included a contract description along the lines of project consultancy (the schedule consisted of each ongoing project within the finance department at the client co and what my expected ad-hoc role would be within each of them). It passed a contract review; however I didn’t get to find out what the working practices would be like as the project they wanted me for was brought forward.

In short, have a conversation with the client and see if there’s an ongoing project they can shoe-horn you into for the interim period.

[perplexed]

It's not about MoO. That is work after the contract. It's about client Direction and Control and no schedule of work. You are a client resource, not a specialist delivering a set piece of work.

Theoretically a schedule of work can be created. They want me to be on their "bench" to be brought back in for specific work rather than being shunted between projects - project I'm on is expecting more work, awaiting funding. I appreciate the D&C issue but that's not my biggest concern.

Think it's safe to safe I'll be looking elsewhere anyway.

[blacjac]

Run the scenario through this, you might be surprised if all other aspects are good...


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