Newbie - claiming travel time

[wubbledoos]

They provided a car rental for me and turned out the travel time wasn't billable even after my point of contact at usual base said it would be.

We came to a compromise.

Ir35 isn't relevant for me as I'm with parasol.

Sent from my Nexus 4 using Tapatalk 2

[SueEllen]

The reason for providing a contractor with a company car to go to a different site are:
1. Control of costs - you aren't going to invoice them for your extra travel costs plus VAT
2. Health and Safety - they know the car you are driving is "safe", and you are adequately insured so if there is an incident where you get injured it helps to limit their liability.

There was a state of cases and information a few years ago about a company's liability to their workers if they have to drive for business.

Health and Safety legislation in the UK is quite comprehensive. However it's a case of using common sense. If you are a company who has been sued because an employee has injured themselves or another worker, and cost you are lot of money doing something i.e. carrying a hot cup of coffee up the stairs, running someone over in the car park, then you are going to ensure there is no chance of anything similar happening again.

[northernladuk]

2 hours in the day or 2 hours either way. If it's 2 hours total how much extra is it over your current commute? i.e. what is the extra time spent travelling above and beyond your normal commute? Is this new site your standard base now or is it occasional?

I think we need all the factors to help you with your decision. I don't think you can jump straight to the conclusion you should bill it without all the facts.

Is there any chance at all of using your own car and making a bit on the 45p a mile (if you are prepared to do this of course)?

[VectraMan]

Give it a rest. Not everything in life is about IR35.

Charge for the time. If you went out in middle of the day for a business meeting with a permie driving, you certainly wouldn't expect to deduct the travel time from your daily amount, and the permie wouldn't expect to have to work extra hours to make up for the time he spent travelling on his employers behalf. Same thing.

[DirtyDog]

I have had clients who book train tickets between sites or from home to a site other than your base. They do so to control costs. I'm not sure why this is different. It may simply be cheaper to use their spare pool car capacity.

I repeat - if they do this for everyone, then there is no differentiating factor, so there can be no IR35 implication. If they differentiate between how they treat employees and contractors, then those that are treated in the same way as the employees look more like an employee and less like a legitimate business.

[Old Greg]

Comparing apples with oranges doesn't make it correct. You get given a laptop because many organizations don't allow a non-corporate laptop on their network - if they did, then you wouldn't be given a laptop and would be expected to provide your own (as my current client does). If the client provides ALL their contractors with a laptop, then there is no differentiator.

So, would the client provide ALL their contractors with a car, or would they expect some of them to use their own equipment to fulfil the contract? If they provide all of the contractors with a car, then it's not a differentiator, therefore not an IR35 factor; if they don't then it leans towards being an indicator of employment.

I have had clients who book train tickets between sites or from home to a site other than your base. They do so to control costs. I'm not sure why this is different. It may simply be cheaper to use their spare pool car capacity.

[DirtyDog]

As for a car being given to a permie. Rubbish. Agency van drivers get given a van. Agency lorry drivers get given a lorry, etc. I know contractors who have been provided cars to travel from site to site. *

*EDIT, and IT contractors get given a laptop ... as do permies ... oooooh major IR35 flag? No.

Comparing apples with oranges doesn't make it correct. You get given a laptop because many organizations don't allow a non-corporate laptop on their network - if they did, then you wouldn't be given a laptop and would be expected to provide your own (as my current client does). If the client provides ALL their contractors with a laptop, then there is no differentiator.

So, would the client provide ALL their contractors with a car, or would they expect some of them to use their own equipment to fulfil the contract? If they provide all of the contractors with a car, then it's not a differentiator, therefore not an IR35 factor; if they don't then it leans towards being an indicator of employment.

[Pondlife]

*EDIT, and IT contractors get given a laptop ... as do permies ... oooooh major IR35 flag? No.

There are many valid reasons for a client not wanting 3rd party equipment anywhere near their network, so IMHO it's a different argument. ie You cannot use your own equipment to access a client's network but you can certainly use your own car to get to the site.

[MPwannadecentincome]

I'd simply ask them, like you've asked here. I'd expect the answer "no" unless it's during the day, e.g. start at local site at 9, drive to faraway place to be there by 1pm, finish there at 5 drive home. I'd expect the triop from location A to location B to be chargeable, but I wouldn't expect the drive to A and drive home from B to be included. But that's just my "common sense" view. Just ask.

As for a car being given to a permie. Rubbish. Agency van drivers get given a van. Agency lorry drivers get given a lorry, etc. I know contractors who have been provided cars to travel from site to site. *

*EDIT, and IT contractors get given a laptop ... as do permies ... oooooh major IR35 flag? No.

WHS

[Platypus]

I'd simply ask them, like you've asked here. I'd expect the answer "no" unless it's during the day, e.g. start at local site at 9, drive to faraway place to be there by 1pm, finish there at 5 drive home. I'd expect the triop from location A to location B to be chargeable, but I wouldn't expect the drive to A and drive home from B to be included. But that's just my "common sense" view. Just ask.

As for a car being given to a permie. Rubbish. Agency van drivers get given a van. Agency lorry drivers get given a lorry, etc. I know contractors who have been provided cars to travel from site to site. *

*EDIT, and IT contractors get given a laptop ... as do permies ... oooooh major IR35 flag? No.

[Mich the Tester]

What does your contract say? When you agreed to take on this extra work in a different location, what discussions did you have?

I'd be wary of having them provide you with a car, as that would be the kind of thing that they would do for a permie. For example, if they engaged Accidenture instead of YourCo, would they give Accidenture a car to get their staff to a different location??

Whatever you agree to, get it in writing, as it could be a shock for everyone when you invoice for something unexpected.

WHS, but if they must give you a car, make sure its contractorworthy. 7 series, Jag XJ, S Class are about right, 5 series or E-Class if you're prepared to slum it.

[DirtyDog]

What does your contract say? When you agreed to take on this extra work in a different location, what discussions did you have?

I'd be wary of having them provide you with a car, as that would be the kind of thing that they would do for a permie. For example, if they engaged Accidenture instead of YourCo, would they give Accidenture a car to get their staff to a different location??

Whatever you agree to, get it in writing, as it could be a shock for everyone when you invoice for something unexpected.

[wubbledoos]

Hi,

I have had a search but the topics seem to cover international travel.

I have been asked to work at the clients other branch which is a 2 hour drive (at least), they are supplying a car and fuel costs.

Is it normal practice to claim the hours for traveling, and if so what is best practice, i.e claim total hours minus the usual time spent to travel to the usual branch?

Sorry if this is stupid question, first contractor role.

Thanks
Wubs