"Working from home 1 day a week" - how to reflect on contract to be IR35 safe

[Goggy]

I've agreed with my client that i'll be working from home ("office") 1 day a week. According to IR35 client can't control where i am working from, but on the other hand not on every project it's possible to work from wherever you like. SO i'm a bit afraid of putting this into my contract.
But on the other hand its important for me to reflect this note in the contract to avoid client changing the decision in the future.

How can i reflect the fact that i can work from home 1 day a week and to be on a safe side regarding IR35.
Please help!

[Clare@InTouch]

It's not uncommon for the client to require you to be on site, especially where security is concerned. This is not a huge concern from an IR35 point of view as long as you have other factors in your favour.

Being able to control where you work is one thing - controlling how you do the work itself is another. It's the latter that would make more difference in my view.

[Goggy]

It's not uncommon for the client to require you to be on site, especially where security is concerned. This is not a huge concern from an IR35 point of view as long as you have other factors in your favour.

Being able to control where you work is one thing - controlling how you do the work itself is another. It's the latter that would make more difference in my view.

Thank you Clare for the reply.
What can point at it in my contract/working conditions that client is controlling how i perform the job?
Could you please advise on any common legal wording to put into the contract saying that i can work from home? "It was agreed that contractor can work from the XXX(my ltd) company office 1 day a week"?

[Clare@InTouch]

Have a look at the PCG website - they have some draft contracts that are free to download and that include some lovely worded clauses on all the three major points of Substitution, Control and Mutuality of Obligation.

Do also bear in mind that it has to be true in order to be effective.

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[craig1]

Ideally, you need a clause in contract that states that, due to the nature of the work, some client work will be performed from your ltd co's own premises. Sub-clause states that both parties agree that this shall be no more than one day out of every calendar week but it is up to you to choose the day you'll work away.

This isn't "control", it's a business-to-business definition of the project's management.

For example, in my standard consultancy contract, I have it written that any documentation that needs to be completed that requires no client communication or consultation will be done at my company's premise. If a client wishes then I'll limit the time like above but not the control.

[d000hg]

In my view an ideal contract clause would state that you will work from your own premises except where the work requires you to be on site.

[mavster07]

You really just need something like this in your contract:


19. Location of Services Provision

The (Company) Consultant shall be permitted to conduct / deliver the assignment either at the client location or their registered office as deemed appropriate by the (Company) Consultant and ensuring client deliverables and timeframes are not adversely affected. The (Company) Consultant agrees to spend a minimum number of days onsite each month and offsite time outside of that defined in Schedule 1 to be agreed with the Client as required.


where Schedule 1 would stipulate that you are working XX days a week from your company premises and/or alternate location. I'd not mention the words 'working from home' at all - just stick to company speak.