Working Practices

**cojak** · 18 April 2010, 11:56

Keep an audit trail of working practices. Save everything.

Any emails advertising benefits available to permies only.
Take screen snap shots of the intranet where contractors are differentiated from the permies.
At the beginning of the contract where you need ID often there is room for job title - ask the people creating your pass to place 'Contractor' there instead. Scan the pass and save.
Emails where you state to your client that you are unavailable.
Emails where you state where you will be working (if your location is under your control).
Keep using your own company email account, particularly if you need to fire off something to your client at weekends.
Particularly if your work is on-charged by a consultancy, but even if not, write up time-estimates for all work you're asked to do and submit them to your PM "to be helpful". Indeed it will! It establishes project-based working practices irrespective of contract.

**BolshieBastard** · 18 April 2010, 13:03

Originally posted by escapeUK View Post

I have made sure that my contract is definitely outside of IR35, including a review by QDOS.

To feel totally confident, I want to make sure (in my own mind) that my working practises are in line with this, and that I dont accidently start doing something that could be used against me.

So what would you suggest are working practises to avoid or visa versa?

Obviously things like booking holidays with the client.

I have refused to sign things on behalf of the client company, as it is not my place as I am not an agent of the company.

I have set myself a client company e-mail address up, as it makes things easier when I am onsite. Is that a bad move?

Any advise greatly appreciated

The reality is many clients wont let you do these things. At my last banking client, when I changed departments, they wanted me to keep a record of holidays and sign a request form! **** that. Said I had no problem with them keeping a record of my holidays but I wouldnt (it would be reflected in the fact that no timesheets would be completed) and said I wouldnt sign any 'holiday' leave request form either.

Went down well, not. Still no way was I doing what they wanted.

I think a lot depends on the company and specialism you work in. I have never worked at a client where I've been allowed to use anything other than their allocated email address. Most places issue different contractor \ permie id badges.

As for being outside IR35, only the Tax Commissioners can give a definitive decision about this so although a review may suggest you're outside, the reality could be very different.

**centurian** · 18 April 2010, 13:07

Originally posted by BolshieBastard View Post

The reality is many clients wont let you do these things.

Then doesn't that simply make you a disguised employee. Not a wind-up, but if the client wants to treat you like an employee - and you let them do it, isn't that effectively what you are.

**centurian** · 18 April 2010, 13:11

Originally posted by cojak View Post

What HMRC look for

Didn't much like example 1.

I bet about 80%+ of developers fall into this scenario - although HMRC like to call us "computer programmers"

Also without wanting to wind up the ladies on this forum, check out Example 3 as a case of extreme political correctness. How many female kitchen fitters do you know of.

**HairyArsedBloke** · 18 April 2010, 13:31

Originally posted by cojak View Post

What HMRC look for

There is one tea break in the morning of 30 minutes and one in the afternoon, both of 30 minutes,

WTF !

**centurian** · 18 April 2010, 13:52

Originally posted by HairyArsedBloke View Post

WTF !

Yeah - at a bank as well - just shows how much HMRC know about the real world.

**northernladuk** · 18 April 2010, 15:18

Erm, surely if your contract is IR35 friendly then just work to your contract and you should be in the clear no?? Are you talking about further distancing yourself while working? if so then.....

There are things you may be forced to do that may look like your are inside IR35 but can easily be argued out don't forget. You can get too anal about this.
For example. Using company provided laptops, phones and email address. Although these are enforced by the client it is becuase they have certain security and connection process and protocols. Your laptop just won't be allowed on their system so you have to use theirs. They will not push their mail to a personal blackberry so you have to use theirs. These will NOT affect your IR35 as you not under direction, just complying to policy.

This is pretty important to bear in mind because you can quite easily piss the client off trying to go overboard to be out of IR35 when the role actually is.

Of course if the role is well within IR35 you are probably going to make yourself unpopular trying not to be. Bearing in mind many many roles are well within and people wont admit it and there are so few investigations then I wouldn't go too far with this to be honest.

**escapeUK** · 18 April 2010, 16:10

I personally would not take a role within IR35 (by which I mean contract) without charging the client a third more on top of my day rate. Id make it very clear I was doing that too, and if they wanted a third discount all they had to do was use my contract. I suppose Im not really "hungry" and could live quite comfortably for years without working, it puts me in a very strong position as my last permie employer found out when I gave notice the day after he pssed me off.

I guess the msg is clear, IR35 is pretty unenforceable, if it werent they would just methodically go through each contractor one by one and QDOS and others wouldnt be offering cheap insurance against this chance if they werent pretty sure it wouldnt happen.

I just want to avoid any "gotchas", I know they are all pretty much made up, just trying to get a feel for what others do to give that extra feeling of safety.

**centurian** · 18 April 2010, 16:35

Originally posted by escapeUK View Post

I guess the msg is clear, IR35 is pretty unenforceable

Oh, I think it's quite enforceable. Just that the effort required to chase one individual almost certainly outweighs what they get from it.

Look at the effort required for Dragonfly - and while it might have set a precedent on some points, HMRC can't simply carte-blanche apply it to every contractor

This is why they pursued the BN66 crowd because they could nab 1000s of contractors in one go.

At the moment, we're kind of in a stand-off situation with HMRC, so I think the measured cautious approach you are using is quite valid.

Working Practices