Part-time working in contract & IR35

[themoog]

Currently negotiating contract with a new client. The plan is to start off part time for 3 weeks, then go full time afterwards.

They have modified an existing clause in a PCG standard contract I gave them to include information about number of days worked during the week.

3.1 Provision of the Services is expected to commence on ##/##/## on a 2 day a week basis for 3 weeks and then full time from ##/##/## and to be completed by ##/##/##.

Does anyone know if it is unhelpful to from an IR35 point of view (I am trying to ensure the contract is outside IR35) to specify the number of days that are planned to be worked during different phases of the project?

Thanks in advance.

[northernladuk]

I don't see a problem dictating the number of days like this. This could be argued that you are agreeing the number of billable days you will be working for that period so is an agreement over finances. As long as it is worded well it won't be seen as direction from the client and this looks fine to me.

We can't see any more so not sure what else you have put but the less detail you can put about the actual days would be better. If you are agreeing that you will deliver 2 days of work per week for the first three weeks seems fine. If you put in that the client requires you to work Monday and Tuesday 9 - 5 then your in hot water. Can't comment as you haven't put any more detail.

Keep away from any wording around these days (and times of working) that look like the client is directing your working style and you should be ok.

[The Wikir Man]

Provision of the services should be undertaken over a period of six days between ##/##/## and (three weeks later) and a subsequent period of ## days between (end of three weeks) and (end of contract).

Covers what you are doing and what the client expects you to be doing (although that could mean you did 6 days straight and then nothing further). Then gives you the flexibility to work weekends if you want to as well.....

[themoog]

Thanks your your advice