IR35 Status - Mobile Phone Tracking

[Tomo1971]

Yes, a strange one!

Just started a new contract and the company have a deal with a company that does LoneWorker protection etc.

They are asking me to put an app on my phone and give them permission to track me!

I completely agree to using a lone worker system/panic alarm for lone workers but reading between the lines, the app in my phone would run 24/7 and they can track the phone/location at any time and the app cannot be disabled (after speaking to fellow contractors with the same client)

Im not really happy on the latter part TBH, especially as a contractor, if I wanted that sort of thing then Id sign up to be on the books!!

Now, would this sort of thing come under the 'if treated like an employee with benefits and ways of working, you are classed as an employee for IR35?' banner?

Cheers :-)

[speling bee]

Yes, a strange one!

Just started a new contract and the company have a deal with a company that does LoneWorker protection etc.

They are asking me to put an app on my phone and give them permission to track me!

I completely agree to using a lone worker system/panic alarm for lone workers but reading between the lines, the app in my phone would run 24/7 and they can track the phone/location at any time and the app cannot be disabled (after speaking to fellow contractors with the same client)

Im not really happy on the latter part TBH, especially as a contractor, if I wanted that sort of thing then Id sign up to be on the books!!

Now, would this sort of thing come under the 'if treated like an employee with benefits and ways of working, you are classed as an employee for IR35?' banner?

Cheers :-)

Get a non-smartphone for work purposes.

[OwlHoot]

Maybe you could install it on a prepaid phone you leave at clientco and use this only during the working day?

Otherwise, it doesn't sound good IR35-wise. I mean if clientco hired a contractor to fix the lifts, would they expect these people to use this Lone Wolf thingie or whatever it is called?

[northernladuk]

Devil is in the details with this one. If it can be argued the clients main purpose was for the safety of anyone working for them, permies and contractors alike then I can't see a problem. A bit over the top but the reasoning is sound. The purpose isn't to track your movements and control you so that argument wouldn't work. It would be an opinion based on a possibility which wouldn't stand up as long as the policies and reasoning for this is well documented IMO.

[vetran]

agree with OH

prepaid, thank them formally for their concern for your employees and agree to using the phone during invoiced hours to support their excellent health & safety procedures. You understand that the data will only be used for the purposes stated XYZ (excluding hour tracking or other direction & control) and any other use would be unacceptable.


of course IANAL

[SimonMac]

Get a non-smartphone for work purposes.

+1

I have one of these



The battery lasted 22 days before I had to charge it, and even when it was reporting "Battery Low" it lasted another 2.5 days