Reply to: Annual leave request

[speling bee]

What - when I tossed someone off?

Where'd u get Port Talbot from? Never lived there....

But you had that cash in hand work. Or is it hush hush? Happy to edit out if you're worried.

[CourtesyFlush]

And the individuals on the power trip probably think they are adding value to their company.

Well, they lose 3 from a team of 3. They will need to be replaced. As it's a niche skill they have 3 choices.

1) Hire consultants from the Vendor at £1200pd.
2) Hire private consultants at less than half that.
3) Grow their own permies (takes time, around 18 months on the tools before you're any cop, then most sod off contracting )

If they go for option 1 then they need to go to project board for quite a bit more money.
They are currently cutting their nose off on option 2. Being a niche, it's quite likely word will get out and no private consultants will touch them with a bargepole unless they can load the day rate to counter IR35. They are unlikely to pay this.
If they go for option 3 then the projects will stall, deadlines will be missed. Not that big of a deal except that most of the projects are for audit points that carry heavy financial penalties and reputational loss if the deadlines are missed.

So Mister willy waver is really not adding any value, but being rather wreckless.

[psychocandy]

What happened?

What - when I tossed someone off?

Where'd u get Port Talbot from? Never lived there....

[psychocandy]

Looks like it may come to it.

ClientCo have now stated if I don't fill out the annual leave request, and go on holiday they will terminate my contract.

They also state they do view the small business contractors differently from the contractors from the larger companies, although they don't say why. Apparently plans are afoot to bring in appraisals for those contractors they deem should do them.

Even funnier is that page 1 of my contract states that myco warrants not to follow any direction or control.

So my position is untenable.

To be honest though a lot of client just want the contractors to cause no fuss. Its a balancing act sometimes. If client has a few silly things like this I let it slide normally.

Yeh you shouldnt really have to fill in the form but at the end of the day is it worth kicking off about or losing the gig?

Generally though I do try to steer away from leave requests. I try to flag it as be away is that ok with you? emails. If they want me to update calendar/spreadsheet then so what as well.

Then again, appraisals sounds a bit dull. Surely thats what an extension offer is lol?

Then again if the client want to pay me to sit there to discuss work then thats fine by me as well.

[speling bee]

He's got a bit of cash in hand work in Port Talbot helping out a mate with second hand furniture deliveries, so he's quite flexible.

Toss you off as well for £15. BTW _ I aint in Port Talbot though.

What happened?

[psychocandy]

psychocandy will sign on for you for a tenner + return bus fare if you're in the Port Talbot area.

Toss you off as well for £15. BTW _ I aint in Port Talbot though.

[psychocandy]

Surely nobody would stoop so low to lay themselves off for a fortnight whilst they go on holiday.

As forum-lowest-stooper no I would not if I knew it was only two weeks.

Too many forms to fill in. Anyway, you dont get paid for first 3 days as well.

[vetran]

To be fair they don't really sound that accomodating.

they don't but if it makes it a breach of contract and he walks they will be even less accommodating.

have a chat with someone with brains & power in the organisation, explain both sides and make it clear you are happy to meet them in the middle.

[suityou01]

just ask them to add a tickbox on the form saying 'contractor' and a rider saying 'if contractor this form is to allow simple notification of absence to the client using their holiday system'. should do it.

To be fair they don't really sound that accomodating.

[vetran]

just ask them to add a tickbox on the form saying 'contractor' and a rider saying 'if contractor this form is to allow simple notification of absence to the client using their holiday system'. should do it.

[CourtesyFlush]

Page one of the contract states :

The supplier acknowledges that it will not act under the control of the hirer or end user and that for the purpose of the Employment Agencies Act 1973 the agency is not acting as an Employment business.

So to do this would put me in breach

Also it refers to R3(2)(b) of said act which states :

But an individual is not an agency worker if—

there is a contract, by virtue of which the individual is available to work for the hirer,
having the effect that the status of the hirer is that of a client or customer of a
profession or business undertaking carried on by the individual.

[KentPhilip]

Looks like it may come to it.

ClientCo have now stated if I don't fill out the annual leave request, and go on holiday they will terminate my contract.

Can them.

If they are not prepared to treat you as a contractor, they don't deserve to be treated as a client. Give them notice to terminate the contract today.

[TheFaQQer]

ClientCo have now stated if I don't fill out the annual leave request, and go on holiday they will terminate my contract.

Do they mean that, or do they mean "if you just disappear for a couple of weeks and don't tell us, then we'll terminate the contract"?

If it's the former, then get looking and leave. If it's the latter, then explain that you aren't just going to disappear without telling them, but as per the contract you (and they) would be in breach if they attempted to exercise this level of direction and control.

Check your contract and see what the terms are for the client to terminate - it would be amusing if they terminated because you went on holiday and then it turned out that they had breached the contract...

[TheDandy]

Looks like it may come to it.

ClientCo have now stated if I don't fill out the annual leave request, and go on holiday they will terminate my contract.

They also state they do view the small business contractors differently from the contractors from the larger companies, although they don't say why. Apparently plans are afoot to bring in appraisals for those contractors they deem should do them.

Even funnier is that page 1 of my contract states that myco warrants not to follow any direction or control.

So my position is untenable.

And the individuals on the power trip probably think they are adding value to their company.

[CourtesyFlush]

Looks like it may come to it.

ClientCo have now stated if I don't fill out the annual leave request, and go on holiday they will terminate my contract.

They also state they do view the small business contractors differently from the contractors from the larger companies, although they don't say why. Apparently plans are afoot to bring in appraisals for those contractors they deem should do them.

Even funnier is that page 1 of my contract states that myco warrants not to follow any direction or control.

So my position is untenable.