Reply to: Just had my hours cut

[wurzel]

The other bonus you also have is that this exercise quite clearly could be used as an argument that you're outside IR35 if the taxman ever came knocking. There is no obligation on the part of your client to offer any work and this lack of obligation would indicate that the contract is not a contract of service. Hopefully your contract should stipulate that you're not obliged to accept any work offered.

I'm actually working as an Autonomo in Spain - I pay a special expat rate of 20% + 4% National insurance. No expenses, though still cheaper than being caught by IR35 (which IMO I was).

[Incognito]

The other bonus you also have is that this exercise quite clearly could be used as an argument that you're outside IR35 if the taxman ever came knocking. There is no obligation on the part of your client to offer any work and this lack of obligation would indicate that the contract is not a contract of service. Hopefully your contract should stipulate that you're not obliged to accept any work offered.

[MPwannadecentincome]

Lots of good advice up there - only you can decide what is right for you.

If I was in your shoes I would try to keep the client sweet - you never know when you might work there again - and look for another gig, when one comes up then serve notice and leave.

Yes it did happen for me in June, client was very open and suggested I look for other work - they took the risk on whether I would find part-time work that fitted in - I was put down to 10 days per month - or whether it would be another full-time role.

What actually happened is that another project came up with the same client paid for by his customer so I was back to full-time plus more as both projects together was about 10% more than a full time job.

[expat]

If your contract only specifies a maximim number of days, then if they can cut it down, so can you. If they cut it to 15/month, you cut it to 0/month. Give 30 days notice, and be unavailable for each of those days.

[BlasterBates]

Do they sepcify a minimum?, if not just reduce to 0 if you find somethig else.

Many contracts do specify a number of days.

[wurzel]

I'm not going to walk because some money is better than none. I'm just going to look around & if something comes up I'll have a chat with the client & see if we can come to some arrangement. Problem is there is also an agency involved & they are more likey to be problemmatic than the client.

[centurian]

I'm hoping to cite a breach of contract as a reason for not working the 30 days notice, though judging by some of the comments here thats not as clear cut as I thought.

If you don't walk now, then your continued attendance can be deemed as tacit acceptance of the new 'terms'.

[RichardCranium]

Is there any chance at all of your getting another contract that only needs 1 or 2 days per week?

Are you working on a project or business-as-usual? If a project, then your throughput fell and the PM should be able to get you back on 5 days per week.

You can assume the client has a cash flow problem. Start looking for your way out now...

[Sausage Surprise]

Get another contract first then get swine flu.

[thunderlizard]

Is it a really breach of contract on their part? Most of my consulting contracts specify a rate to charge per day worked, but they don't specify a minimum number of days that the client has to take, so it wouldn't be a breach. Not every client needs 100% usage all the time.

[wurzel]

Or hand in your 30 days notice, and say you won't be available for any of those 30 days. After all, the contract only stipulates a maximum number of days you have to work.

I'd be quite happy to work 15 days of the month (i.e. 3 weeks out of 4). That's 75% of your current income, and you get a week off a month. It's a lot more than 0% of your current income.

That's true, but I'm now in the situation where I have more going out than I have coming in. I'd be daft to walk without securing another contract but if something were to come up I'm hoping to cite a breach of contract as a reason for not working the 30 days notice, though judging by some of the comments here thats not as clear cut as I thought.

I might not get a sniff anyhow, I've been in this role for 18 months now so haven't really been looking. From reading posts on here I get the impression that the market for C# and C++ developers is dead.

[VectraMan]

Or hand in your 30 days notice, and say you won't be available for any of those 30 days. After all, the contract only stipulates a maximum number of days you have to work.

I'd be quite happy to work 15 days of the month (i.e. 3 weeks out of 4). That's 75% of your current income, and you get a week off a month. It's a lot more than 0% of your current income.

[centurian]

If there's nothing in that contract stipulating a guaranteed period of work then I would argue that it seems perfectly legal for the client to reduce your days.

Agreed. All depends on the exact T&C. If you have a schedule section that clearly stipulates hours, then you have them.

Try and exercise a substitution clause if you've got it?

ClientCo will hate this, but they have zero right to complain if they themselves are playing the letter of the contract - although do check to see whether they have an overrule clause in respect of substitution (which wouldn't do much good for IR35).

[Menelaus]

I'd agree with what's said above: unilateral changes of contract are not on as they defeat the object of consensus in idem.

[Incognito]

From what you've provided, it doesn't seem like a change in terms. You stated your contract was for a maximum of 150 days, not minimum. If there's nothing in that contract stipulating a guaranteed period of work then I would argue that it seems perfectly legal for the client to reduce your days.

Bit of a bummer though isn't it. If you want to get out the contract, try and exercise a substitution clause if you've got it? Might go one of two ways, client tells you to F off in which case that's a breach of contract or even better, you might get a couple of guys here on the bench 15 days a month of work.