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Previously on "change to reporting structure"

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  • CheeseSlice
    replied
    Originally posted by Wanderer View Post
    Politely remind the boss that you are a contractor, not a permie.

    Your original contract sounds like it was fairly good from an IR35 point of view, you really don't want to lose this (either in writing or in working practices) or you will be hit by IR35 and it will cost a lot of money.
    WHS.
    Could you just write him a letter of clarification from your LTD company stating that your standard working week is 37.5 or 40 hours, but that is governed by your employment with your own company, not his?
    I don't think its legally binding to do this, but may just shut him up.

    Leave a comment:


  • kermitt
    replied
    Totally agree thats why I wanted to question it. Have spoken to my pimp about the situation and was informed that Clientco is looking at ammending T's & C's regarding contractors as it looks like Clientco does not understand IR35 and its implications nor do they or Client Mgr understand the differences between different contractor working practices and have asked agent to clarify accordingly. Am hopefull this will be rectified soon so I can continue operating as I should be.

    Leave a comment:


  • Wanderer
    replied
    Originally posted by kermitt View Post
    Just had a wee informal chat with the 'replacement boss' and he mentioned that they will be looking for me to do 37.5 hours a week and thinks this should be in my contract. This was never in my original contract for services as it states I have complete autonomy as to how I do my job running Ltd Company etc.
    Politely remind the boss that you are a contractor, not a permie.

    Your original contract sounds like it was fairly good from an IR35 point of view, you really don't want to lose this (either in writing or in working practices) or you will be hit by IR35 and it will cost a lot of money.

    Leave a comment:


  • Sally BFCA
    replied
    Originally posted by kermitt View Post
    Just had a wee informal chat with the 'replacement boss' and he mentioned that they will be looking for me to do 37.5 hours a week and thinks this should be in my contract. This was never in my original contract for services as it states I have complete autonomy as to how I do my job running Ltd Company etc.

    .
    This would indicate a mutuality of obligation with the client that was not present before. I'm unsure how you are accounting, either inside or outside, but if you are accounting outside then the status could be jeopardised. Ensure that the real working arrangements are reflective in the contract, otherwise it is deemed a sham.

    Leave a comment:


  • BolshieBastard
    replied
    Originally posted by jmo21 View Post
    if the person you were reporting to handed in his notice and left, do you think that would give you grounds to renegotiate?
    LOL!

    Originally posted by kermitt View Post
    Just had a wee informal chat with the 'replacement boss' and he mentioned that they will be looking for me to do 37.5 hours a week and thinks this should be in my contract. This was never in my original contract for services as it states I have complete autonomy as to how I do my job running Ltd Company etc.

    Now I know I should be professional etc and keep the client happy but I have at least a 2 hour drive each way and doing 8 till 5 ain't my bag as I am not wanting to hang around to fill the clock, neither should I need to as I aint a permie or on an hourly rate. OK so maybe am a bit lazy in that respect but if push comes to shove am thinking I will be finding another gig.
    Even louder LOL and I thought I was pissed off with my job!

    Leave a comment:


  • nomadd
    replied
    Originally posted by kermitt View Post
    Now I know I should be professional etc and keep the client happy but I have at least a 2 hour drive each way and doing 8 till 5 ain't my bag as I am not wanting to hang around to fill the clock, neither should I need to as I aint a permie or on an hourly rate. OK so maybe am a bit lazy in that respect but if push comes to shove am thinking I will be finding another gig.
    Completely understand, as I work the same way. In before 8, out the door at 4:30. Period. Mind you, I do make this very, very clear in the interview; if the client doesn't like it, I politely decline the contract. So, the question is, did you discuss any of this when you signed up?

    Nomadd

    Leave a comment:


  • kermitt
    replied
    Just had a wee informal chat with the 'replacement boss' and he mentioned that they will be looking for me to do 37.5 hours a week and thinks this should be in my contract. This was never in my original contract for services as it states I have complete autonomy as to how I do my job running Ltd Company etc.

    Now I know I should be professional etc and keep the client happy but I have at least a 2 hour drive each way and doing 8 till 5 ain't my bag as I am not wanting to hang around to fill the clock, neither should I need to as I aint a permie or on an hourly rate. OK so maybe am a bit lazy in that respect but if push comes to shove am thinking I will be finding another gig.

    Leave a comment:


  • jmo21
    replied
    if the person you were reporting to handed in his notice and left, do you think that would give you grounds to renegotiate?

    Leave a comment:


  • kermitt
    replied
    I don't see particularly that it does change, only the individual approving my timesheets. Unless they themselves want to take the opportunity to start throwing some weight about and try to renegotiate T's & C's with me because they have more control than before. Will just have to wait and see.

    Leave a comment:


  • The Agents View
    replied
    Originally posted by kermitt View Post
    Been in a gig for over a year now was granted an extension in Feb this year. Have just been informed that the Company are changing the reporting structure and that I no longer report to the guy I was who was a few hundred miles away and that now it will be the manager at the building where I work. My temporary place of work remains unchanged and I think so will my contract.
    Makes sense for them really but does it affect my contract or can I /should I use it to renegotiate again?
    This is just a bad joke right?

    What on earth makes you think that a change of the person who controls the work given to your LIMITED COMPANY (ie not to you) being changed gives you grounds to negotiate your rate?

    Your reporting line has not changed - YOU ARE A LIMITED COMPANY.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by kermitt View Post
    Been in a gig for over a year now was granted an extension in Feb this year. Have just been informed that the Company are changing the reporting structure and that I no longer report to the guy I was who was a few hundred miles away and that now it will be the manager at the building where I work. My temporary place of work remains unchanged and I think so will my contract.
    Makes sense for them really but does it affect my contract or can I /should I use it to renegotiate again?
    How does it affect your contract?? Only you can tell us this as you have the contract. Read it and see if it does. I can't see how. If you have a level of detail of who you report to in it I would be worried about IR35 issues to be honest but can't see that happening. You are contracted to the client to do a piece of work. I don't see in this scenario how either of those things have changed so why the need?

    Read your contract first before you do anything IMO

    Leave a comment:


  • kermitt
    started a topic change to reporting structure

    change to reporting structure

    Been in a gig for over a year now was granted an extension in Feb this year. Have just been informed that the Company are changing the reporting structure and that I no longer report to the guy I was who was a few hundred miles away and that now it will be the manager at the building where I work. My temporary place of work remains unchanged and I think so will my contract.
    Makes sense for them really but does it affect my contract or can I /should I use it to renegotiate again?

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