Reply to: Boss wants to move from 6 month to rolling contract

[NigelJK]

Going to a Christmas Party is fine, so long as you're paying for the ticket and permie is not. In fact, that's an IR35 positive flag because you're not being treated as a permie. I've been to a couple of events with current ClientCo on that basis, to add to the working practices folder.

Remember you're the supplier (sometimes via a middle man, but all told that's what you are). What do suppliers do at Xmas time? Pay for the ticket as above (if you want to go) and take a bottle of something for the person signing off the invoices.

I have huge problems with 'notice periods' and I expect that HMRC do to. As luck would have it I had to bolluk the (very well known S3) agency this week as they were dragging their heels on my extension. Transpires the reason is that ClientCo want to drop from a 1 month 'period' to a 1 week 'period'. Now here's the issue this should have been sorted 3 weeks ago, and they want a 2 week 'period' in their contract (I personally don't give a fig about their contract). I don't care what the period is, I'd rather it were not there at all but to be told this was 'for my own good' (I kid you not) elicited a very unprofessional response from me. (BTW it's still not sorted despite the 'I'll sort it out in the morning').

For me the Client co can say at any time 'Don't turn up tomorrow as we've no work for your service co'. I have no issue with that at all, and I've made it plain to most of the clientcos I've worked for that this is the case. If I'm not supplying a service they want to use I'd rather go to where I'm needed.

[northernladuk]

Yeah, I do agree, my boss (or hiring manager) wants to use me for more different things instead of just the 1 thing I was hired for. It doesn't sound worse now. I have a meeting with him on Monday.

Seriously?? After everything you've been told? You've got to get it right in your head, not just put a different name in brackets to appease us. Until you do you are nothing more than a disguised permie regardless of what's happening at client site.

And all that said even your client thinks your a permie so your really are buggered with this one. I do hope your are accounting for being inside IR35. You won't be able to claim T&S from April either.

[LondonManc]

Yeah, I do agree, my boss (or hiring manager) wants to use me for more different things instead of just the 1 thing I was hired for. It doesn't sound worse now. I have a meeting with him on Monday.

Boom, straight inside IR35 unless you have the deliverables sorted out on your contract. Even then, working practices will struggle to dig you out of D&C

[ujjain]

Yeah, I do agree, my boss (or hiring manager) wants to use me for more different things instead of just the 1 thing I was hired for. It doesn't sound worse now. I have a meeting with him on Monday.

[northernladuk]

Correct.

[LondonManc]

Just to add my opinion…., as a contractor of 9 years, (never worked more than 2 years at a client) and who works hard at acting like a contractor.

I recently started at a well-known bank and there are hundreds of contractors here, many started circa 2009, I can’t believe they all have correctly worded contracts that place them outside of IR35 and are working to set deliverables, from what I have seen so far the majority do not act like contractors, the bank even invited all contractors to the Christmas party and most (hundreds) attended. (that includes me as well ) Everyone is on 6 month contracts and happily accepts the next extension.

It does seem to me that looking and acting like an actual contractor is getting harder and harder, to me most contractors in large companies are hidden employees.

Going to a Christmas Party is fine, so long as you're paying for the ticket and permie is not. In fact, that's an IR35 positive flag because you're not being treated as a permie. I've been to a couple of events with current ClientCo on that basis, to add to the working practices folder.

[Signo_cypher]

I wouldn't be laughing about it TBH. Doesnt matter what your contract says. If you act like a permie how can you not be a disguised permie? No amount of paperwork will make you look like a business in its own right if you are giving the impression of a permie. You are making yourself part and parcel from day one. HMRC will come in and speak to your client who will tell them you are a great employee, does as you are told, attends all functions on time and is an asset to the company and bang, the house the car and everything is gone.

It could be argued the Gov is on our backs about IR35 because people just pay lip service to the paperwork and act like employees which then hits us all.

You are a contractor now. Start acting like one.

Just to add my opinion…., as a contractor of 9 years, (never worked more than 2 years at a client) and who works hard at acting like a contractor.

I recently started at a well-known bank and there are hundreds of contractors here, many started circa 2009, I can’t believe they all have correctly worded contracts that place them outside of IR35 and are working to set deliverables, from what I have seen so far the majority do not act like contractors, the bank even invited all contractors to the Christmas party and most (hundreds) attended. (that includes me as well ) Everyone is on 6 month contracts and happily accepts the next extension.

It does seem to me that looking and acting like an actual contractor is getting harder and harder, to me most contractors in large companies are hidden employees.

[LondonManc]

Who told you that?

Not her, she couldn't speak with her mouth finally full.

[northernladuk]

No problem. The back half of her throat felt barely used btw

Who told you that?

[oracleslave]

The back half of her throat felt barely used btw

Stolen!

[LondonManc]

If you've a problem with her putting your rates up take it up with her

No problem. The back half of her throat felt barely used btw

[northernladuk]

She put her rates up now she can take her teeth out then?

If you've a problem with her putting your rates up take it up with her

[LondonManc]

£20 quid tends to have the same effect with my missus....

She put her rates up now she can take her teeth out then?

[northernladuk]

This obsession with contract length - the shorter the better for me. Nothing like the daunting prospect of a six month contract to bring me to my knees.

£20 quid tends to have the same effect with my missus....

[I just need to test it]

This obsession with contract length - the shorter the better for me. Nothing like the daunting prospect of a six month contract to bring me to my knees.