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FrankScribe
20th July 2006, 16:20
My client is asking - well, getting a bit insistent in fact, that I fill in one of their leave cards before I take time off so they can 'keep their records up to date'. I'm saying no, I'll happily give them adequate notice of any time that I wont be available. But, as I say, their HR people are getting quite insistent.

Are there IR35 implications if I comply with their request?

The Lone Gunman
20th July 2006, 16:24
My client is asking - well, getting a bit insistent in fact, that I fill in one of their leave cards before I take time off so they can 'keep their records up to date'. I'm saying no, I'll happily give them adequate notice of any time that I wont be available. But, as I say, their HR people are getting quite insistent.

Are there IR35 implications if I comply with their request?Probably. <hint>Try offering them one of your own companies leave forms which look surprisingly similar to theirs.</hint>

Pondlife
20th July 2006, 16:26
Probably. <hint>Try offering them one of your own companies leave forms which look surprisingly similar to theirs.</hint>


And offer to provide a substitute (who isn't quite as good as yourself) as well.

DodgyAgent
20th July 2006, 16:31
And offer to provide a substitute (who isn't quite as good as yourself) as well.

Should be able to find plenty of those on here :)

The Lone Gunman
20th July 2006, 16:32
Should be able to find plenty of those on here :)Uncalled for considering someone likened you to something safe and dependable!

DimPrawn
20th July 2006, 16:35
This sort of shit pisses me off.

I usually go into a quiet room with the most senior person that willing to listen to me and tell them that it is inappropriate to fill in an employee holiday card since:

I am clearly not an employee of your company
I have no contract of employment with you company
I do not get paid holiday from your company
I do not receive a holiday allowance from you company
I have a contract of employment and annual leave allowance with <your company name here>

Therefore to fill it in would be absurd. :mad:

I also mention (some IR /agent style FUD) that if I were to fill in the holiday card it might make life difficult for the client if someone were to make employment rights claim or sue for unfair dismissal or request holiday pay etc.

As other have said offer to give copies of <your company name here> holiday cards that they can hold for their records.

Keep resisting this shit. FFS - WHEN WILL CLIENTS LEARN!!!! :tantrum:

PS - I also mention I have tax investigation insurance that forbids me from signing any form as an employee or temp worker for any client, otherwise I lose cover. (I make this bit up).

BlasterBates
20th July 2006, 16:44
The main thing is that it shouldn't be a request for holiday that requires approval, that is definitely a no no.

Perhaps just send a notification as a letter, or Fax to your agency.

That would be fine.

TheMonkey
20th July 2006, 19:54
No usually works! Let the agent and them deal with it. It's not your problem.

DimPrawn
20th July 2006, 20:35
No usually works! Let the agent and them deal with it. It's not your problem.

Not a good plan.

"Agent, client is bugging me to fill in a permie holiday form"

Agent, thinking about all the money they get from that account.

"Okay contractor, I'll talk to them".

20 minutes later.

"Contractor, agent here, looks like you need to fill it in. All the other contractors have. Bye"

ratewhore
20th July 2006, 21:30
I just don't turn up. No-one seems to notice...


:cool2:

TheMonkey
21st July 2006, 08:26
Not a good plan.

"Agent, client is bugging me to fill in a permie holiday form"

Agent, thinking about all the money they get from that account.

"Okay contractor, I'll talk to them".

20 minutes later.

"Contractor, agent here, looks like you need to fill it in. All the other contractors have. Bye"

Doesn't work like that. Punitive damages are what the agents think of