• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Logging holiday request on client system

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Logging holiday request on client system

    Hi all
    I'm being asked to have holiday logged and approved through clients employee systems. I have done in this instance, I'm sure this has been discussed before and seen as an IR35 risk?

    Thanks

    #2

    Comment


      #3
      The fact you think of it as holiday means you are the IR35 risk.

      HTH BIDI IANAIR35L
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        I don't take holidays, I just email the client and tell them what days I won't be in, I also say if there is a problem with the chosen date then let me know, occasionally I have told them via a meeting request so that they have the details of my days off in their calendar, other than that what they do with that information is up to them.

        I certainly wouldn't be logging anything via their employee system and you even having a login to access such a thing would say they think/treat you like an employee

        Comment


          #5
          I know of one contractor where this was flagged in a pre-engagement contract review. The actual working practice was that "holidays" were auto-approved, so the working practice trumped the clause. Be very careful though. The difference in your situation, which is a big IR35 issue, is that you have to have then approved.

          Technically, as you are alluding to, we don't have holiday; we have days of unavailability. As SM says, you tell them when you're not going to be available; if this poses a risk to your business-to-business relationship then you must manage it accordingly.
          The greatest trick the devil ever pulled was convincing the world that he didn't exist

          Comment


            #6
            Is a logging holiday where you dress up in women's clothes and become a lumberjack?
            Will work inside IR35. Or for food.

            Comment


              #7
              We have an ' absence' management system which is used so that people can see what resource are available at a given point.

              Obviously this means that not all absences are classed as holidays and so you should be fine if that is the case.

              Comment


                #8
                Originally posted by VectraMan View Post
                Is a logging holiday where you dress up in women's clothes and become a lumberjack?
                They mentioned something about beaver but he didn't get the full details.
                The greatest trick the devil ever pulled was convincing the world that he didn't exist

                Comment


                  #9
                  Taking time off at a time that is inconvenient to them can be good for IR35 btw.
                  The greatest trick the devil ever pulled was convincing the world that he didn't exist

                  Comment


                    #10
                    Originally posted by LondonManc View Post
                    Taking time off at a time that is inconvenient to them can be good for IR35 btw.
                    It might not be good for your contract though ...

                    Comment

                    Working...
                    X