Being told to take time off over Christmas and New Year

[d000hg]

Yes.

Its actually good for IR35.

A friend of mine said it was a prime factor that won him his investigation, or so he was told.

Even if they force the permies to leave too? My client simply shuts the business for a week, nobody is allowed in!

[MrMarkyMark]

Even if they force the permies to leave too? My client simply shuts the business for a week, nobody is allowed in!

Ah, in that case, most probably not, if you were only forced to take 1 week off.
I should have stated, it has to be a different situation to the permies.

[psychocandy]

Normally I dont mind if client enforces this sort of thing over xmas.

Only one client I had an issue with. Sent one email saying all contractors two weeks off please and we know you're busy but please don't moan this is not negotiable. About two hours later, x project is running over, in january we expect everyone to pitch in and ensure it gets delivered on time. i.e. work extra hours.

That went down well with the contractors. Yes we want to save a few quid over xmas, but just so it has no effect, we'd like you to work for free in January to catch up.

[psychocandy]

Yes, I've been told by my wife that I have to take time off between Christmas and the New Year.


moan moan moan ... That means spending time with the Mother In Law.


I'm not secretly pleased.


Instead I am going to organise some important conference calls each morning before the pub opens.

I feel your pain. Mine stays for about a week over xmas.

[centurian]

Ah, in that case, most probably not, if you were only forced to take 1 week off.
I should have stated, it has to be a different situation to the permies.

Was it recent-ish case with your friend.

If so, HMRC probably backed down because they lost a court case a few years back.

But yes, the key point is for contractors to be told not to come in (without payment), while permies still do.

[AtW]

Can I whine, moan and b1tch about this publicly while secretly being pleased?

Only if you want to be like

[psychocandy]

At least I am honest. Maybe I should pretend to be a jet setter?

Exactly.

[MrMarkyMark]

Was it recent-ish case with your friend.

If so, HMRC probably backed down because they lost a court case a few years back.

But yes, the key point is for contractors to be told not to come in (without payment), while permies still do.

Around 3-4 years ago.
He actually went perm after that. Good for me actually, as he now has hiring powers

[Milkyway]

The very fact that the clientco can ask consultants to take time-off for a particular fixed period of their choice - does it not automatically mean the presence of one of these S or D or C thingy? (certainly per the new T & S proposals where the OR is stuck in between rather than the AND).

Oh well, yes, this new maximum One-month consulting proposal from Gideon makes all these other proposals - new Dividends tax, T & S, IR 35 review (and who knows what else he had in mind) completely futile!

What is the point of all these other proposals then - one wonders!

[d000hg]

D&C is about being told how to work, not whether to work, surely? If you were getting told not to work, and still getting paid, that would be different.