First Time Contractor Advice

**jmo21** · 21 June 2019, 12:30

Originally posted by CraigyJ88 View Post

His response was that basically I cant be in the office. His reasoning is because I leave in a couple of weeks and needs to hand over work etc.

Can you rephrase, these 2 sentences seem at odds with each other?

**northernladuk** · 21 June 2019, 12:46

Originally posted by CraigyJ88 View Post

All,

I am looking for advice regarding the situation with the client my company and I are currently contracted to.

To cut a long story short, started a 4 month contract which has been going well for first contract. Sat down with the client exactly 1 month out from the End Date of the contract to discuss next options.

From the clients perspective they didnt want to renew but instead wanted to offer me a permanent position. I declined the offer because 1. I had made the jump from perm to contracting so wasnt going back to perm after only 4 months & 2. the benefits on offer at this company for a permie are seriously lacking compared to other places I have worked.

This is now when the client has started to get rather arsey with me and has come to a head yesterday when I, out of courtesy, advised the client that I wont be available in the office on monday due to a very last minute but also very important hospital appointment for my fiance.

His response was that basically I cant be in the office. His reasoning is because I leave in a couple of weeks and needs to hand over work etc. I do still have 3 weeks here.

As mentioned, the key sentence doesn't make sense. Do you mean he says you can't be out of the office? Bearing in mind you've only a few hours to sort this out, what did they say when you said tough, you won't be there monday?

Is the whole issue just about them refusing you leave on Monday? Your situation really depends on what happens after Monday. There is no breach of contract by refusing you leave. Nothing in your contract covers this really. If he cans you on the spot on Tuesday there is an argument for breach but generally this means nothing. It will cost you money to sue them and I'm not aware any contractor has done this yet. You could advise it is so give you proper notice and you'll let it drop. See how it plays out and then you've a decision to make.

I am fully aware that I am not employed by the client because this would be of breach of IR35 regulations but I was just a little unsure on where I stand now when it comes to any breach of contract?
.

You really need to learn a lot more about IR35. That sentence makes no sense whatsoever and there is no such thing of breach of IR35 regulations. It's just a decision affecting your tax position. You are inside or outside.

It does however open a much wider discussion about your IR35 status in that gig but you need to understand IR35 better to know why. One of the main pillars of an outside decision is lack of Direction and Control. The client is clearly demonstrating this and looks like he's wanting a permie all along. If they wanted a permie and you are working and acting like one then you should be inside IR35. I suspect they wouldn't allow a substitute and MoO would have been a problem as well. So you've got other problems beside a day off. Doesn't really matter what your contract says, working practices trump that and it looks like the client is treating you like an inside contractor.

If this gig does come to a premature end then IMO you've dodged a bullet here. Better this than being there 2 years and getting caught by an investigation.

Crap client but it happens I am afraid.

First Time Contractor Advice