Direction and Control

[Hex]

Is it enough that the actually working practices (and contract) show something completely different to that in the email.

Probably - but in your shoes I would reply to the email politely pointing out that none of these apply to you, and then have a private word with them to put their mind at ease. I'd save a copy of the email.

[Bear]

just to clarify a couple of points

I'm happy with the terms of the contract as issued - nothing in there about any of these items. Closest thing is the contract states 'normal working hours up to 37.5 hrs per week'

Client has been very flexible (I was doing 3 or 4 days wfh per week) and has stated they will continue to do so but they needed to issue a reminder to those taking the piss.

I'm concerned that they have verbally stated they will be flexible but the only thing in writing very much suggest otherwise.

Is it enough that the actually working practices (and contract) show something completely different to that in the email.

[d000hg]

At the end of the day you don't WANT to be directed for IR35 purposes but you have to consider what the client wants. You can't avoid IR35 if the working environment and type on contract you have is plainly inside.

Check your contract. If it says you won't be directed or don't have to comply then you are fine. If it says working hours are this and so on then your stuffed. If it says neither then your in a bunfight with the client and generally they tend to be right.

WHS. You're paid to do what they want.

[BolshieBastard]

So lets say ClientCo issue an email as follows:





I know my thoughts but I would be interested in yours?

I'd say if you hadnt of got these 4 things sorted and agreed to your satisfaction before you started the contract, there's not going to be much room to negotiate them with the client now.

One thing I always ask for upfront is flexibility on time in the office. If the client wants me to travel to other offices, they pay full stop. Im not being out of pocket. Prior approval? Well if its attendance on their behalf, I wont go until its agreed what's being paid. I wont be out of pocket.

Compliance modules is fair enough. In the banking industry you are legally required by the FSA to complete them ie dont do them, legally no contract.

Providing cover to 5? Hmmm. Something I could be flexible about possibly although not officially you understand.

[MarillionFan]

Look mate, when you work in a call centre, you do really need to be there between 9-5, not take 3 hours lunch and work for home, saying 'Don't worry boss I'll Skype it'

Bit of advice. Be happy at £6 per hour and keep your head down.

[northernladuk]

If a client ends up pushing you into IR35 because of their contract, then you must pass this cost onto them. Either that or tell them that the contact they have is making you a disguised employee which means you want holiday pay, sickness pay etc etc

What we don't know is the terms of the contract. I strongly suspect the client isn't pushing him in to anything that hasn't already been explained and expected to be adheared to already. This looks more like a reminder than a change of policy therefore no cost to be passed and no pushing.

Whatever the contract makes you look like the client won't care. He pays x amount and gets y amount of work. What your tax situation is is your problem. You can probably negotiate it in to the contract but if you are doing the work of a disguised employee then so be it.

[escapeUK]

At the end of the day you don't WANT to be directed for IR35 purposes but you have to consider what the client wants. You can't avoid IR35 if the working environment and type on contract you have is plainly inside.

If a client ends up pushing you into IR35 because of their contract, then you must pass this cost onto them. Either that or tell them that the contact they have is making you a disguised employee which means you want holiday pay, sickness pay etc etc

[jim2406]

that all sounds reasonable to be honest.

i've seen far more draconian clampdowns. just sounds like they want to make sure no-one is taking the piss.

[northernladuk]

At the end of the day you don't WANT to be directed for IR35 purposes but you have to consider what the client wants. You can't avoid IR35 if the working environment and type on contract you have is plainly inside.

Check your contract. If it says you won't be directed or don't have to comply then you are fine. If it says working hours are this and so on then your stuffed. If it says neither then your in a bunfight with the client and generally they tend to be right.

[Jeebo72]

- at least they haven't mentioned the 3hr lunch breaks at the pub!!

Mine got mentioned today. I asked why he only took offence today, and not yesterday, and tues.

THAT GOT HIM!

[Bear]

They realise you're taking the piss and they're trying to bring you into line. Stand firm!

- at least they haven't mentioned the 3hr lunch breaks at the pub!!

[Jeebo72]

They realise you're taking the piss and they're trying to bring you into line. Stand firm!

[Bear]

So lets say ClientCo issue an email as follows:

REMINDER FOR ALL CONTRACTORS


Hi all

We need to re - enforce 4 things that apply to all our contractors
- Contractor expense policy - see below - this would have been issued at the time of joining xxxx. Particularly note the limits and the prior approval
- Working from home policy - whilst is it perfectly OK to work from home from time to time this should be by exception. Let xxxx, xxxx or myself know in advance and limit to max of 1 day per week. Obviously the overriding preference is for people to be available for face to face meetings wherever possible.
- normal working hours are 9 to 5. It is appreciated that some start work early and we can be flexible to a degree but we need to ensure that each team has coverage to 5 pm
- lastly just a reminder that we all have to do the various compliance modules (security, xxxx basics etc) - we need to make sure that going forward we do these before the deadline.

I know my thoughts but I would be interested in yours?