Reply to: Fixed Term (No Notice) from the Contractor

[Wanderer]

It's not far from that to I'm taking next Wednesday off but I'm on call so I'll fill that day in as my "on call day" which would look like paid holiday to any half decent tax inspector.

That's not "paid holiday", that is running the business at a profit because you can take a day off work and still bill for it which is a pointer to being a genuine business and away from direction and control.

I think you are reading far too much into this though. I am genuinely providing a warranty for systems that I designed and manage and I am charging a fee for this service. The manner in which I implement the billing is purely to simplify the admin for the client who's time recording system is set up for permies rather than business to business relationships. It is a testament to my status as an independent business that I can routinely bill for days not actually worked, certainly any "employee" would face immediate disciplinary action if they were to do this.

[northernladuk]

I have found that when discussing this kind of thing, specifically, adding extra duties or IR35 treacherous contract terms then simply stating that it is a condition of my insurance that it does not happen helps everyone.

It cuts down the back and forth and everyone seems to understand that you are running a business with responsibilites above and beyond that project and you are not just another permie who they can order around at will.

Then if they want to redo your contract with extra duties you are at liberty to negotiate a rate increase as the previous contract was agreed without this extra work.

Hmmmm interesting. I guess the insurance is a limiting factor that no one can complain about so see how this might work as opposed to you just quoting your business's responsibilities which are yours to manage.

[MyUserName]

+1 to this. I have a bugbear about contractors airing their business issues to clients, particularly when they ask for rate rises because they are over the 24 month rule etc. This is your business to run, not the clients. There are much better ways of phrasing this to clients rather than using it as an excuse. They really won't care for a start so make your argument much harder rather than help IMO. If you told a client you want a rate rise because you are over 24 month rule he will shrug his shoulders, if you tell him your costs have gone up and you unfortunately have to pass a portion of this on in rate rises. He is much more likely to understand and work with this. Same issue worded slightly differently.

I have found that when discussing this kind of thing, specifically, adding extra duties or IR35 treacherous contract terms then simply stating that it is a condition of my insurance that it does not happen helps everyone.

It cuts down the back and forth and everyone seems to understand that you are running a business with responsibilites above and beyond that project and you are not just another permie who they can order around at will.

Then if they want to redo your contract with extra duties you are at liberty to negotiate a rate increase as the previous contract was agreed without this extra work.

[northernladuk]

Good advice, but I would only mention IR35 as a last resort. I'd just say (in a polite way) that if they want extras, then they'll have to pay for it.

+1 to this. I have a bugbear about contractors airing their business issues to clients, particularly when they ask for rate rises because they are over the 24 month rule etc. This is your business to run, not the clients. There are much better ways of phrasing this to clients rather than using it as an excuse. They really won't care for a start so make your argument much harder rather than help IMO. If you told a client you want a rate rise because you are over 24 month rule he will shrug his shoulders, if you tell him your costs have gone up and you unfortunately have to pass a portion of this on in rate rises. He is much more likely to understand and work with this. Same issue worded slightly differently.

[MyUserName]

Good advice, but I would only mention IR35 as a last resort. I'd just say (in a polite way) that if they want extras, then they'll have to pay for it.

Fair point, I usually use the IR35 insurance as a way of stopping any arguments before they start!

[kingcook]

Surely this is an easy matter to handle. They are asking you to take duties beyond your contracted ones, explain that due to your IR35 insurance (or awareness if you have no insurance) you are prohibeted from doing this. If they would like to revise your contract to include this then that is fine, although this extra duty will be incur a charge i.e. a rate increase.

If they say that you have to do it with no contract change then apologise but expain that this will not be possible and if they wish to terminate your contract and switch to a different supplier you will understand.

Good advice, but I would only mention IR35 as a last resort. I'd just say (in a polite way) that if they want extras, then they'll have to pay for it.

[Sockpuppet]

It's only a personal opinion, but I think you'd still be OK for MOO, since you wouldn't be getting "paid you for time you didn't work", but instead for time spent in readiness of a call-out (e.g., you're being remunerated for avoiding any socialising, travelling, drinking, etc, that might make you unavailable). That's not MOO; that's providing a service. This would be particularly evident if you were getting paid more if you were actually utilised, compared to when you were standby but not called out. I still wouldn't do it, though, because it's usually simply not worth the remuneration.

I get that but I'm not a huge fan of "just stick an extra day down" type of arrangements. I'd rather it go through as a separate line.

It's not far from that to I'm taking next Wednesday off but I'm on call so I'll fill that day in as my "on call day" which would look like paid holiday to any half decent tax inspector.

[MyUserName]

Surely this is an easy matter to handle. They are asking you to take duties beyond your contracted ones, explain that due to your IR35 insurance (or awareness if you have no insurance) you are prohibeted from doing this. If they would like to revise your contract to include this then that is fine, although this extra duty will be incur a charge i.e. a rate increase.

If they say that you have to do it with no contract change then apologise but expain that this will not be possible and if they wish to terminate your contract and switch to a different supplier you will understand.

[Gentile]

I'd be wary about putting down an extra day as a way to get paid for being on call.

The whole MOO thing would scare me, clients not paying you for time you didn't work etc.

It's only a personal opinion, but I think you'd still be OK for MOO, since you wouldn't be getting "paid you for time you didn't work", but instead for time spent in readiness of a call-out (e.g., you're being remunerated for avoiding any socialising, travelling, drinking, etc, that might make you unavailable). That's not MOO; that's providing a service. This would be particularly evident if you were getting paid more if you were actually utilised, compared to when you were standby but not called out. I still wouldn't do it, though, because it's usually simply not worth the remuneration.

[psychocandy]

I had a contract once where I turned up and after a few weeks they said, would I be OK to go on-call. They were nice about it so I thought - why not if you sort out the payment side of things.....

They offered me £20 a night to be on call (same as the permies got). They were willing to pay me my normal hourly rate when I got to the office if I got called out (no remote access) but no travelling at all.

So I asked the manager if potentially that meant me being called at 3am, driving 50 miles to the office (taking an hour), potentially being there for 30 mins, driving home again another hour for 1/2 hours pay. And then having to come into the office next day to avoid losing valuable billable hours.

Umm, yes, said he. No thanks said I.

[Sockpuppet]

I'd be wary about putting down an extra day as a way to get paid for being on call.

The whole MOO thing would scare me, clients not paying you for time you didn't work etc.

[BS1397]

Be business like and to the point. eg:

My contract doesn't include provision for on call, however I would be quite happy to negotiate adding on-call to the contract as follows:

1. 1 day pay for every week or partial week on call, charged as an extra day on my time sheet.
2. Call outs time charged at an hourly rate based on the contracted daily rate / 8 with a minimum charge of 2 hours.
3. Any call outs received while not officially "on call" will result in a charge being made for being on call for the full calendar week.
4. Call outs will only be accepted from people nominated in writing by the client as authorised to call me out.

I like it, worth printing and sticking on my wall... Cheers.

[Sockpuppet]

I did got it reviewed but only for ir35.

In the future use B&C. £155 and they'll advise of anything they don't like that not IR35 related as I found this week when I sent mine in for review. They spotted there was no notice period on my side (which is a good thing).

[norrahe]

What has a contract review to do with a role which is advertised differently?

My last contracts where fixed term but where advertised as is. I knew what I signed up for.

I did not sign up for a support role and being on call. I would have never taken this role if I would have known earlier.

As you yourself said, the schedule wasn't defined, which is asking for open ended abuse of what the role could be defined as.

Always make sure you get the role defined in writing so that any sway from what is defined can then be used in further negotiations.

We've all had instances where the client will expect more than what was outlined in the advert, but it is what is defined in the contract, it is what the role is, not the advert!

[Wanderer]

will undertake all tasks reasonably requested by the Client in relation to the Services;

I don't think it's reasonable that they would be allowed to call you after you've left work for the day or in the middle of the night.

Be business like and to the point. eg:

My contract doesn't include provision for on call, however I would be quite happy to negotiate adding on-call to the contract as follows:

1. 1 day pay for every week or partial week on call, charged as an extra day on my time sheet.
2. Call outs time charged at an hourly rate based on the contracted daily rate / 8 with a minimum charge of 2 hours.
3. Any call outs received while not officially "on call" will result in a charge being made for being on call for the full calendar week.
4. Call outs will only be accepted from people nominated in writing by the client as authorised to call me out.