Overnight Expenses

[MojoDog]

I've been in my current gig for almost 2 months. My 'agent' is not a typical recruitment set up but a company (let's call them ABC Ltd) who provide in-house services but also farm their permie employees (and occasional contractors like myself) out to clients' sites.

The client is 200 miles from my home and so I'm living in digs.

I'm working for an hourly rate and MyCo Ltd invoice ABC Ltd using their online timesheet. So far all has been hunky dory, they pay on time and are generally as good as gold.

On the timesheet is a tick-box marked "Overnight Stay". So far I've ignored this because I don't claim any expenses from ABC Ltd.

This morning I got a phone call from my point of contact at ABC Ltd who has asked me to start ticking the "Overnight Stay" box each time I fill out the timesheet. I asked him why and he said "Because he factors in an overnight stay when quoting to the client and they want to see it reflected in the timesheet for when ABC Ltd invoice the client."

My first thought was "No skin off my nose, I'm not claiming anything, that's between ABC Ltd and the client."

My second thought was that it might be a good idea to get a second opinion on this.

Is there anything about the above scenario that I ought be concerned about from the point of IR35 or anything else?

Just to reiterate: Client pays me an hourly rate out of which I find all travelling / living costs. I claim no expenses whatsoever from ABC Ltd or from the Client.

Many thanks

[TheFaQQer]

Sounds like they are billing the client for each person that they have on site who is working away from home.

Nothing that I can see impacting your IR35 status - they need the correct information so that they can bill the client correctly.

[MojoDog]

Sounds like they are billing the client for each person that they have on site who is working away from home.

Nothing that I can see impacting your IR35 status - they need the correct information so that they can bill the client correctly.

Yeah, that was my first thought. Thanks for replying.

[MicrosoftBob]

What does your contract say about expenses ?

Whats in it for you to tick that box ?

[kal]

What does your contract say about expenses ?

Whats in it for you to tick that box ?

+1 If they are making a few extra quid by claiming you are staying over when you are not then I would be worried, if you tick that box are you opening yourself up to a way for them to bin you whenever they feel like it by insinuating you're making 'fraudulent claims'? If its kosher then at the very least you should be pocketing this 'overnight allowance' rather than your consultancy using it as an excuse to fleece a few more £££ from the client.

EDIT: I see you are in fact staying over for the contract = you should be getting this overnight allowance

[TheFaQQer]

EDIT: I see you are in fact staying over for the contract = you should be getting this overnight allowance

Why should they get the allowance if it isn't something that is agreed in the contract between them and ABC?

[MojoDog]

+1 If they are making a few extra quid by claiming you are staying over when you are not then I would be worried, if you tick that box are you opening yourself up to a way for them to bin you whenever they feel like it by insinuating you're making 'fraudulent claims'? If its kosher then at the very least you should be pocketing this 'overnight allowance' rather than your consultancy using it as an excuse to fleece a few more £££ from the client.

EDIT: I see you are in fact staying over for the contract = you should be getting this overnight allowance

From memory (I don't have access to it right now) the contract just states an hourly rate (which I negotiated to take into account expenses associated with staying away).

I have to confess that I hadn't considered specifying living expenses because I had factored them in to my rate. Also, my view at the time was that no one is holding a gun to my head to take this gig and that I was getting a rate that I was comfortable with.

Now that we're 2 months down the line wouldn't the contract be regarded as set in stone? Also, it has 4 months left to run with a strong probability of being extended so maybe that might be the time to renegotiate.

[SueEllen]

Now that we're 2 months down the line wouldn't the contract be regarded as set in stone? Also, it has 4 months left to run with a strong probability of being extended so maybe that might be the time to renegotiate.

Renegotiate when extended and make sure you have a record of this request in your arsenal.

[Batcher]

I've worked beside guys in a managed services company who were told to fill in expense forms to the client. These were paid to the MS company but never passed onto the workers who didn't seem to care as they hadn't incurred any expenses in the first place. They just did it so they didn't get on the wrong side of their boss.

All seemed pretty dodgy to me and another reason I would never go MS.

[MojoDog]

I've worked beside guys in a managed services company who were told to fill in expense forms to the client. These were paid to the MS company but never passed onto the workers who didn't seem to care as they hadn't incurred any expenses in the first place. They just did it so they didn't get on the wrong side of their boss.

All seemed pretty dodgy to me and another reason I would never go MS.

But I'm not claiming for anything or doing anything over and above the terms of my contract. Just checked the timesheet and the tick-box says "Overnight Stay" which technically is correct. Whatever ABC Ltd do with that information is out of my hands, surely?