Appeal Process

[BigRed]

So you are saying that your contract wording puts you outside but your working practices to date put you inside because it was more convenient.

Working practices beats paperwork.

[NetContractor]

So you are saying that your contract wording puts you outside but your working practices to date put you inside because it was more convenient.

Working practices beats paperwork.

Not at all. I am saying my contract AND working practices put me OUTSIDE. HOWEVER, to someone who sees me working regular hours, and does not ask the specifics they may make an assumption that those regular hours are because I am controlled to do so. This would be an incorrect assumption. Just because I choose to work normal hours on client site does not mean that they enforce me to do so.

I have never sent in a substitute, but if I need to prove my contractual terms I WILL do so. But I would rather not. That is MY choice, not the client, and that is a major difference.

[DotasScandal]

So you are saying that your contract wording puts you outside but your working practices to date put you inside because it was more convenient

He's saying his working practices have been documented by HR bods without a clue about his actual working practices.

[NetContractor]

What a mess.

My agency, and the client are still none the wiser. The Clients HR department has not even made the call one way or the other yet.

Good news is that all invoices submitted on Friday March 31st are getting paid on the day...I have never encountered an accommodating agency, but I guess it is less paperwork for them as well.

I have made the agency aware that, should the client decide the contract is within IR35, I will not be available for work from 1st April. If they want a notice period, they are welcome to it, but as I am not controlled, I do not have to give notice or days which I am unavailable, and that will be every day after 1st April.

Like I said...What a mess!

[northernladuk]

I have made the agency aware that, should the client decide the contract is within IR35, I will not be available for work from 1st April.

Hang on... So you are going to breach contract if you don't get the answer you want? Will your notice period mean you'll still technically be in contract in to the new year? You are controlled by your contract and obligations. If a notice is required you have to give it. It's nothing to do with being contolled, it's a contractual clause. Being unavailable during notice is still breach.

I have to be honest... I'm not sure the client is the biggest problem here.

Like I said...What a mess!

Totally helped by your poor attitude I am sure.

[fidot]

You could assist HR by sending them your answers to the questions and asking them to discuss any that they may see differently.

You need to be proactive imho

[NetContractor]

Hang on... So you are going to breach contract if you don't get the answer you want? Will your notice period mean you'll still technically be in contract in to the new year? You are controlled by your contract and obligations. If a notice is required you have to give it. It's nothing to do with being contolled, it's a contractual clause. Being unavailable during notice is still breach.

I have to be honest... I'm not sure the client is the biggest problem here.

Firstly, its not a breach of contract. I accept the contract, however I have been pressing the agency for a decision from the client for weeks. I only realized this client fell under public sector rules 3 weeks ago, as the definition of public sector is not just government. I have made the agency aware that I would be leaving the contract if I was incorrectly forced inside IR35. As an option I will increase my rate accordingly and accept it. However, the client, it would appear has been dragging their heels on making a decision. So while it is not pleasant to take a 3 week holiday at short notice, up to the end of the contractual period, it is perfectly legal. And if the client isn't happy with it, then they have the option of either accepting my rate increase, or they should have made their position known sooner.

Totally helped by your poor attitude I am sure.

I disagree. I have a very good attitude towards my client. I do not want to leave a contract; I just want to get the job done, but losing 20% because of a decision from someone who isn't really aware of the work practices of the contract, but is sat in a remote office somewhere pushing buttons, isn't really an option (that I think most of us would want to accept). I have been a contractor for a long time...15 years, and I have generally maintained a good relationship with past clients because I work hard to ensure that their in house staff are up to speed before I leave.

This situation however, is out of my hands and beyond my control....I dont like that!

[NetContractor]

You could assist HR by sending them your answers to the questions and asking them to discuss any that they may see differently.

You need to be proactive imho

I would do that; if someone would tell me who HR are. BUT! you have given me an idea. I will send a transcript of the result to everyone I DO have contact with and hopefully it will filter down.

Good advice. THanks.

[SlipTheJab]

I would do that; if someone would tell me who HR are. BUT! you have given me an idea. I will send a transcript of the result to everyone I DO have contact with and hopefully it will filter down.

Good advice. THanks.

But even if you don't work your notice you will still have to give it (and not turn up?) ergo you'll still be bound by the contact you signed which if it takes you past the cutoff date means you're screwed.

[northernladuk]

Firstly, its not a breach of contract.

You intend to leave the contract early so taking holiday in notice to achieve that will be seen as breach. It might be legal to the letter but the intention is very clear.

I I only realized this client fell under public sector rules 3 weeks ago, as the definition of public sector is not just government.

3 weeks ago? Where have you been? Nice to see you understand your clients lol....

I have made the agency aware that I would be leaving the contract if I was incorrectly forced inside IR35.

It's their decision not yours. In your opinion it's wrong but it's their decision. Re-align your thinking and you might not get so upset about it. It's quite possible the put you inside as they had no intention of honouring RoS or other clauses... so you were technically inside already. You are gonna have to get off your high horse I am afraid.

However, the client, it would appear has been dragging their heels on making a decision. So while it is not pleasant to take a 3 week holiday at short notice, up to the end of the contractual period, it is perfectly legal.

I don't agree but eitherway, good luck getting any money you are owed.

I have a very good attitude towards my client.

That's why you didn't know they were PS?.. Just kidding...

This situation however, is out of my hands and beyond my control....I dont like that!

So we see LOL.....

If you put us much effort and passion in to finding a new gig you could move in to a nice new shiney gig and be happy again very soon.

You can claim expenses again as well BTW.