Whats the story regarding

[kermitt]

Spoke to pimp today and explained that according to IR35 and the fact that it is not stated on the contract that I should be able to determine the location whether it be my registered office or using client's office.

[Manic]

Been bitten by this on my latest role. Have never had an issue with WFH in fact most clients previously have encouraged it. Walked straight into this one without mentioning it to find out it is the place from hell in terms of turning up and being seen. Won't make the mistake again!

[Bright Spark]

It depends on how much leverage you have in your role, these depend on

relationship you have with senior managers above the present permie manager
unique skills and knowledge you have which are not easily replaceable
contacts and how well known you are in the organisation
track record of deliverying results more than the permies
Good network of other clients you could go to if this permie manager is tellling you what to do.

[kermitt]

Thanks, yes I know this should have been agreed at the start but am a newbie to contracting and learning these things as I go. We have a mixture of employees and different types of contarctors here, most are all local anyway.
I had mentioned this to the client whether it was ok and was told yes as long as he knew beforehand. At the time it was only myself and one other that did what we do and we only used the office space and reported to someone else miles away in another office. But now things have changed and its a local different person who is advocating that becasue there is no precedent for employee's to do it then why should we be allowed. I don't really have a problem with it just tyring to understand more if it comes up again either here or at another gig.

[northernladuk]

Only in so far as what he can legally demand. If its not in the contract, you don't have to do it.

Outside of that, he can apply as much pressure as he chooses, using the threat of cancellation, for you to act in a different/additional manner to what's specifically written in the contract.

It's then just a case of who backs down first.

WHS
But this sounds like possibly an example where we push for getting IR35 contracts when the situation is not IR35 friendly. We put pressure on to take all this out of the contract and try and make it IR35 at which point we sit there all smug. When we then go on site and the managers point out what times we should do and where we start waving these unrealistic contracts around trying to have it our own way.

You have got to becareful here not to look a complete twunt. If most people work in the office, the culture isn't really WFH then you can't go waving a crap contract around when the reality is you do have to do what the client says. OK it might not stipulate it in the contract cause we wanted an IR35 one but if that is what the client wants you to do you are going to have to carefully negotiate or comply.

To be honest though, if that last line about being allowed is correct then it is indeed the classic contract that does not refelect working conditions.

IMO to not have negotiated this at first and clarrifed and then start having a fight with your client is not good practice and doesn't make contractors look good at all.

[centurian]

Many thanks, that helps to confirm my suspicions that permie mgr is talking tosh.

Only in so far as what he can legally demand. If its not in the contract, you don't have to do it.

Outside of that, he can apply as much pressure as he chooses, using the threat of cancellation, for you to act in a different/additional manner to what's specifically written in the contract.

It's then just a case of who backs down first.

[kermitt]

Many thanks, that helps to confirm my suspicions that permie mgr is talking tosh.

[thunderlizard]

All you have to do is deliver to the terms of your contract. If the location isn't mentioned in the contract, it's your job to choose it.

[kermitt]

Working from home office? If Ltd Co, outside IR35 and nothing stipulated in contract can client dictate that you should be in the office i.e 9-5 (to keep the perms happy), or is it the case that your Ltd Co decides location completely? Half the time I don't even need to be here to do my work anyway so just trying to understand things better thanks. Was told before by permie mgr that this was not allowed for employees so was not allowed for contractors.