Eaglecliff & Shell - Mandatory 3 week holiday

[northernladuk]

So the OK does NOT have an FTC as per the gov site he quoted.

OP. You say you have contractors? How many.

What a cluster **** of misinformation this thread is.

[Old Greg]

Shell consider us to be contractors who fall outside of IR35. By making this decision, they are treating us as if we are inside IR35.

They are paying their permanent staff for this mandatory holiday.

Shell say that because their supervisors are on holiday, that all contractors must take a holiday.

Shell could have easily told me this before I signed the contract at the end of November. I have other customers who will pay me in full.

No one in their right mind would commit to a long contract if the customer is going to randomly stop the project mid way - with the expectation that the contractor will hang around waiting for them to be ready again.

The contract Shell sent over says clearly that my contractor would work Monday to Friday with the exception of holidays. As such, they are breaking the contract.

Sue them.

[BR14]

how enlightened

more enlightened than you, obviously.
you're not getting the answers you want, i guess.
Do you really think an online forum can change your situation?
if so, join the B******t subforum.

HTH

[mcltd]

I think you are the type of guy who grew up playing Who's X

more enlightened than you, obviously.
you're not getting the answers you want, i guess.
Do you really think an online forum can change your situation?
if so, join the B******t subforum.

HTH

I think you are the type of guy who grew up playing too many games of "who's X is bigger than mine"

[mcltd]

So you missed the earlier points? Or you chose to ignore it?

So the OK does NOT have an FTC as per the gov site he quoted.

OP. You say you have contractors? How many.

What a cluster **** of misinformation this thread is.

So you missed the earlier point or you chose to ignore it?

As mentioned numerous times previously, when you as a client, exert an excessive degree of control over a contractor, that contractor falls inside IR35.

Or maybe you don't know what that means, perhaps?

[mcltd]

when you as a client, exert excessive degree of control over a contractor, that....

Well, that's a step forward. You admit that you don't personally, as a worker, have a contract with the end client.

Therefore, anything you think/read/believe/imagine about workers rights, does not apply to the relationship you have with the client. You could possibly take legal action against your own Ltd if they refuse to pay you for that period.

So you missed the earlier point or you chose to ignore it?

As mentioned numerous times previously, when you as a client, exert an excessive degree of control over a contractor, that contractor falls inside IR35.

Or maybe you don't know what that means, perhaps?

[TestMangler]

So you missed the earlier point or you chose to ignore it?

As mentioned numerous times previously, when you as a client, exert excessive degree of control over a contractor, that contractor falls inside IR35.

Or maybe you don't know what that means, perhaps?

OK mate, you win. Sue the tulip out of them. They've clearly broken the terms of your employment contract.

Send us a link to the judgement when it happens.

[mcltd]

Pinky swear?

OK mate, you win. Sue the tulip out of them. They've clearly broken the terms of your employment contract.

Send us a link to the judgement when it happens.

Pinky swear?

[mcltd]

agreed.

Sue them.

agreed.

[northernladuk]

So you missed the earlier point or you chose to ignore it?

Bearing in mind you've previously quoted guff from the gov website about FTC which you don't have I think ignoring other things is a pretty wise move.

As mentioned numerous times previously, when you as a client, exert an excessive degree of control over a contractor, that contractor falls inside IR35.

Or maybe you don't know what that means, perhaps?

Ohhh hahaha lol.. very good. So now a lesson to you in what it is.

“For supervision to apply there must be someone overseeing another person doing the work to ensure that they are actually doing it and that the work is being done correctly to the required standard. Supervision can also involve aiding or assisting someone to develop their skills and knowledge.

Does this include giving work to the contractor or telling them when not to work? Nope

“Direction involves someone making another person do their work in a certain way, generally by providing instructions, guidance and advice as to how the work is to be done. Someone providing direction will often coordinate how the work is done as it is being undertaken.

Does this include giving work to the contractor or telling them when not to work? Nope

“Control is where you have someone dictating what work a person does and how they should go about doing that. This also includes the power to move the worker from task to task as priorities change.

Does this include giving work to the contractor or telling them when not to work? Close.... but Nope.

So yes, I am well aware what SDC is and I can tell you your situation is NOT SDC.

The weird thing is that your situation is actually a pointer to being OUTSIDE. They can't just lay a permie off like this so a good thing. It's you that is putting yourself inside by thinking you want paying for not doing any work.

Many many companies have it. I finish tomorrow for mine as will a lot of people. Some call it a furlough.

Here are a TON of threads about it. You might find some snowflake thinking it's illegal in there but on the whole you won't. You will see they can be over Easter as well as Xmas. It's just a period that the contractors services are not required. Be it holiday periods, service protection or change freeze periods. Doesn't matter. They don't need you so they can ask you not to come in. You have a T&M contract where you do a days work for a days pay. You don't do a days work you don't get a days pay.

furlough site:forums.contractoruk.com - Google Search

I can't think how to put it any more simply to you. I've linked SDC and you are wrong so that's out of the way. I've told you how our contract works. I've shown an example where the converse benefits you for holidays (but you think it's different for some reason).
You are in a very well known situation that happens at many many clients and will happen to you year in year out as a contractor.

And just to end the thread..

I'm sure you will jump on the few comments that it could be breach but don't forget if you want to claim breach you have have put yourself inside IR35 which will mean you will have to pay all the tax back. I'm almost certain the contract will be worded to be outside so be woolly enough as described. But you won't be told.

Did you have your contract checked for IR35 before you started by the way?