IR35 and 'work trackers' IR35 and 'work trackers'
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  1. #1

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    Default IR35 and 'work trackers'

    Hi,

    I am contracting for a large business (as a limited company). Recently, the company I am employed by has asked every employee fill out a 'work tracker' (for management purposes) whereby each employee has to fill in a tracked spread sheet, on a daily basis, every task they have completed, and how long these tasks took.

    My question is, should I as a contractor be filling this out? Does it blur my IR35 status and potentially make me look like a disguised employee?

  2. #2

    More time posting than coding


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    It depends on what you are working on I imagine.
    As a proper contractor you should have a SoW or at the very least a fixed set of deliverable's that you must provide. If when completing the tracker it only shows said deliverable's and the days you worked on them. I would imagine from an IR35 point of view this is fine.
    If however, you are working on anything and everything and are putting this down....then A) yes its a going to affect IR35 and more importantly B) You are a disguised employee...

  3. #3

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    Quote Originally Posted by eco666 View Post
    Hi,

    I am contracting for a large business (as a limited company). Recently, the company I am employed by has asked every employee fill out a 'work tracker' (for management purposes) whereby each employee has to fill in a tracked spread sheet, on a daily basis, every task they have completed, and how long these tasks took.

    My question is, should I as a contractor be filling this out? Does it blur my IR35 status and potentially make me look like a disguised employee?
    The key thing to be doing at this point would be asking why and what they need the information for.

    If they are asking so they can get a grasp on how long certain tasks and activities take so they can effectively plan a project (or something akin to that) then I cannot see this being an issue from an IR35 perspective. They’re not aiming to control, manage or review your work, they’re simply fact-finding.

    If however they’re intending to use it in disciplinary proceedings down the line (IE. You’re taking too long to do X task) then that’s when there will be issues from an IR35 perspective as it will damage you from a control perspective.

    Have a chat with the client to find out what their intention is, and also double-check that this isn’t just for employees only.

    Hope this helps! - Matt

  4. #4

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    If you were using yellow sticky notes instead of the spreadsheet you'd just be working under Agile.

    IR35 is only an issue if the intention is to control rather than merely track, and then there is much more to IR35 to consider so this aspect alone doesn't necessarily mean 'game over'.
    Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

  5. #5

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    Whatever the answer, you need to brush up on your IR35 knowledge.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  6. #6

    Still gathering requirements...


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    Quote Originally Posted by eco666 View Post
    Hi,

    I am contracting for a large business (as a limited company). Recently, the company I am employed by has asked every employee fill out a 'work tracker' (for management purposes) whereby each employee has to fill in a tracked spread sheet, on a daily basis, every task they have completed, and how long these tasks took.

    My question is, should I as a contractor be filling this out? Does it blur my IR35 status and potentially make me look like a disguised employee?
    I'm not sure what's wrong with that? They want to know how long it took you to do X amount of work that you billed them for. Seems normal to me especially if they bill some other party for your time.

  7. #7

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    Thanks all.

    I secretly hoped there was a way out of me filling in this annoying tracker

  8. #8

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    Quote Originally Posted by Larsen Howie View Post
    The key thing to be doing at this point would be asking why and what they need the information for.
    It's to ascertain whether the section I'm working in can justify the funding/staff levels based on levels of work.

    My manager has essentially told me that if I don't fill in this tracker, it could give the appearance the section has lower levels of activity, and thus I could lose my contract!

  9. #9

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    Tracking is not the same as control. Businesses often have internal requirements to monitor and track how much work is being done whether it be by contractors or employees.

    Even if the client used this tracking to raise an issue of performance I don't see it necessarily as an IR35 issue - clients have the right to complain to suppliers about performance (and terminate accordingly).

  10. #10

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    Quote Originally Posted by eco666 View Post
    Hi,

    I am contracting for a large business (as a limited company). Recently, the company I am employed by has asked every employee fill out a 'work tracker' (for management purposes) whereby each employee has to fill in a tracked spread sheet, on a daily basis, every task they have completed, and how long these tasks took.

    My question is, should I as a contractor be filling this out? Does it blur my IR35 status and potentially make me look like a disguised employee?
    If you're employed by them, then fill in the tracker like every other employee does - IR35 does not apply because you're employed by them.

    If you're not employed by them, it's nothing to do with you what they do with their employees.
    I'm not fat, I'm just fluffy.

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