Reply to: You can use our licence....

[WordIsBond]

Surely mitigating as many is what keeps us out of harms way no?

In general, I'd agree.

I don't think this is a case of mitigating a problem, though. It isn't a problem to use client equipment. It's neutral.

It's the difference between a negative, a positive, and a neutral.

It's a plus on your side if you pay for and use your own equipment, because employees don't generally do that. But non-employees frequently use engagers' equipment, especially if it is specialist equipment, or if there are security factors or license issues. So in this case you'd say, "Usually I use my own equipment, but there was a license issue on this contract so I couldn't."

[LondonManc]

Am on site at client offices, have been 7 weeks, and they have tests that use the MS fakes library stuff which ships with Visual Studio enterprise edition.

I, as working for my Ltd. Co, have MSDN professional. This means that I can't build and run the clients test projects, which they want.

They understand the situation and have offered to install the enterpsie edition on a dev machine of theirs and let me use that.

Wondering what you'd do, as i can see it i have choices of:

• Buy enterprise package at £4k +
• Use their dodgy, as already in use by their dev, this is not a "spare", licence
• Inform the client and agency that gonna have to let them down as don't have tools to execute the work.

Can you create a virtual machine on your laptop and then uninstall the dodgy as soon as you're done?

[diseasex]

Just download it from piratebay for the time being. Do the gig and uninstall?

[Danglekt]

Yes, but the "IR35" situation is a bunch of tests/checks, which all add up to a decision.

Surely mitigating as many is what keeps us out of harms way no?

All comes down to risk appetite. As do most business decisions.


most Risk averse - swallow £4k licence
Risk averse - run and get another gig


more risk appetite - use their kit

it's only one indicator

[jmo21]

Not really if everyone else is the same.

Most places I've worked simply won't let you bring a laptop on site.

Indeed, but would it not fail IR35 compliance points... I.e. By using client's resources, machine or software, et al.?

No.

If it is the same for everyone (contractors, permies, £2000/day management consultants) it won't be an issue.

There are lots of little things you should keep an eye on with regards to IR35, but I do not believe this is one of them.

[LondonManc]

Indeed, but would it not fail IR35 compliance points... I.e. By using client's resources, machine or software, et al.?
This seems to be one of the standard point or question in IR35 checklist though that contributes to determine the working practices fail, etc.

I think that varies by industry. As a tradesman, I'd expect to use my own tools. In IT, it's very much down to the security policies of the client. I know I wouldn't want unvetted equipment on my network (oo-er!).

[northernladuk]

Indeed, but would it not fail IR35 compliance points... I.e. By using client's resources, machine or software, et al.?
This seems to be one of the standard point or question in IR35 checklist though that contributes to determine the working practices fail, etc.

Vas ist diz IR35 compliances of vhich you speak?

[OnceStonedRose]

If your IR35 position depends on this you are not in a good situation.

Yes, but the "IR35" situation is a bunch of tests/checks, which all add up to a decision.

Surely mitigating as many is what keeps us out of harms way no?

[WordIsBond]

Indeed, but would it not fail IR35 compliance points... I.e. By using client's resources, machine or software, et al.?
This seems to be one of the standard point or question in IR35 checklist though that contributes to determine the working practices fail, etc.

If your IR35 position depends on this you are not in a good situation.

[Milkyway]

Absolutely not. As jmo21 said, there's the whole issue of connecting to corporate networks, accepting that you're going to have them potentially adding stuff to your laptop, etc. That's without the other good point about IP rights and not wanting code to leave client site.

While I agree that you personally can normally operate that way, not everybody can; we have security zones in operation that would prevent my laptop getting anywhere near the corporate database that I'd be working on.

Indeed, but would it not fail IR35 compliance points... I.e. By using client's resources, machine or software, et al.?
This seems to be one of the standard point or question in IR35 checklist though that contributes to determine the working practices fail, etc.

[LondonManc]

Have always been happier using my own gear/licences.

Surely if you just get a gig to come on site and use all their gear then you are just a paid holiday away from being identified as an employee?

Absolutely not. As jmo21 said, there's the whole issue of connecting to corporate networks, accepting that you're going to have them potentially adding stuff to your laptop, etc. That's without the other good point about IP rights and not wanting code to leave client site.

While I agree that you personally can normally operate that way, not everybody can; we have security zones in operation that would prevent my laptop getting anywhere near the corporate database that I'd be working on.

[jmo21]

Not really if everyone else is the same.

Most places I've worked simply won't let you bring a laptop on site.

[OnceStonedRose]

Have always been happier using my own gear/licences.

Surely if you just get a gig to come on site and use all their gear then you are just a paid holiday away from being identified as an employee?

[jmo21]

Their machine, their software, their licenses.

Let them worry about it.

I wouldn't eat a £4k or whatever cost.

If I'd known about it an advance, I'd have added it to the price.

[NibblyPig]

IMO always best to use the client's equipment where possible, most clients prefer this anyway as they don't want their code taking off site.