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Client cannot make a permie - contractor distinction

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    Client cannot make a permie - contractor distinction

    I've been with the same client for 3.5 yrs now. I have moved teams a few times and the previous clients I have worked for treated me like a contractor. As many holidays as I wanted, no set time to come in and leave (9 ish - 5ish), no reason for sickness required.

    Now the new client wants me to enter sickness and holidays requests through the company system.
    another contractor over heard him saying contractors cannot have more holidays then permies.
    he also told everyone at a team meeting that he wants us to get in a 8:45am and leave around 6pm. He didn't say anything directly to me but I am not going to do this. I'm coming in around 9 ish and leaving around 5 - 5.30 ish - depending on my evening plans.

    All of this of course flashes the IR35 light.
    Does anyone else enter their sickness/holiday requests into a client company system. Should I say something about this or should I leave it.
    In terms of having more holidays and coming in/leaving times I can simply ignore that until something is said.

    #2
    Sounds like the manager is one of them control freaks. If you also earn more than he does then your going to have a clash. Suggest you find something else ASAP and walk before he damages your CV.
    Insanity: repeating the same actions, but expecting different results.
    threadeds website, and here's my blog.

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      #3
      Originally posted by TheRightStuff
      I've been with the same client for 3.5 yrs now.
      You are a perma-temp, not a contractor.

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        #4
        Originally posted by TheRightStuff
        All of this of course flashes the IR35 light.
        You're right it does. I'd get out of there quick! Well quick would have been after 6 months.

        This is where you tell us that you are taking NMW and monthly divs but deserve them as you are a business in your own right taking risks and all etc.

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          #5
          Originally posted by Sockpuppet
          You're right it does. I'd get out of there quick! Well quick would have been after 6 months.

          This is where you tell us that you are taking NMW and monthly divs but deserve them as you are a business in your own right taking risks and all etc.
          damn right. I started off umbrella, then went with Giant and now Ltd. So everything is cool.

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            #6
            Why is it that if gigs go on way longer than expected this points to being inside IR35? Its not as if you ever intend or know you are going to stay that long and the client can still boot you at any time, you still have all the same risks as if it was a 3 month gig.
            Science isn't about why, it's about why not. You ask: why is so much of our science dangerous? I say: why not marry safe science if you love it so much. In fact, why not invent a special safety door that won't hit you in the butt on the way out, because you are fired. - Cave Johnson

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              #7
              I don't think it matters at all from ir35 point of view if you stay with a client for a long time.

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                #8
                Just spoke to SJD Accountancy and they have said the 3 yrs at the client is irrelevant. I am not employed by them but by the LTD.
                They did however say that I shouldn't be entering sickness/holiday into the clients system.

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                  #9
                  My longest permie job was 2.5 years...
                  "Never argue with stupid people, they will drag you down to their level and beat you with experience". Mark Twain

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                    #10
                    I have a similar situation but the client insists it’s so they can book man hours against different projects rather than tracking individuals for personnel reasons, they have also asked about any holidays I plan to take but again they insist it’s so they can cover any periods where they have low cover levels.

                    I'm still not entirely comfortable with it but I can see why they need this info, after all they are running a business just like me.
                    Science isn't about why, it's about why not. You ask: why is so much of our science dangerous? I say: why not marry safe science if you love it so much. In fact, why not invent a special safety door that won't hit you in the butt on the way out, because you are fired. - Cave Johnson

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