ClientCo not allowing working from home ClientCo not allowing working from home
Page 1 of 3 123 LastLast
Posts 1 to 10 of 25
  1. #1

    Still gathering requirements...

    Skag has no reputation


    Join Date
    Nov 2017
    Posts
    43

    Default ClientCo not allowing working from home

    I informed (not asked) my ClientCo that I will work from home the next day.
    I was told by ClientCo "I don't see the reason why you should".

    What's this in terms of IR35? I'm pretty sure that falls under control.
    There is no mention in my contract the hours or place of work. Should I just use this information? Or should I tell the ClientCo reasons such as "helps me concentrate" and "reduce my commuting time"?

  2. #2

    Super poster

    Lance - scorchio!

    Lance's Avatar
    Join Date
    Sep 2013
    Location
    home
    Posts
    2,863

    Default

    it's a good indicator of being controlled IMO.
    That in itself is only a problem if the other pillars of IR35 aren't helping you either. The problem is that control is usually the easiest one to prove.

    Time for some insurance...

    or tell them that's not how it works and work from home anyway.
    See You Next Tuesday

  3. #3

    Still gathering requirements...

    Skag has no reputation


    Join Date
    Nov 2017
    Posts
    43

    Default

    Quote Originally Posted by Lance View Post
    or tell them that's not how it works and work from home anyway.
    I would think of this as the last resort, but thanks for the suggestion

    Mutuality of obligation and substitution are in my contract, but haven't exercised them, and I don't think I will even need to.

    Again, I don't want to pull the "it's in the contract" argument unless I have to. On the other hand, we did not agree from the start that I could work from home at least once per week.

    ClientCo also mentioned that despite most people working from home on Friday, our team doesn't, so it's good to have the team all together.

    I think it's the case that they don't know how to work with contractors?

  4. #4

    Still gathering requirements...

    Skag has no reputation


    Join Date
    Nov 2017
    Posts
    43

    Default

    I suppose this doesn't help me much?

    The Service Provider shall freely and independently arrange its activities and may perform the Services at its place of business subject to
    prior agreement with the Client
    . It warrants that it shall satisfy the requirements of the Client as stated by the Client from time to time and
    as described in Schedule 1 and shall comply with such obligations as the Company is required to agree with the Client from time to time.
    The Service Provider may schedule the Services at its discretion subject to the terms set out in the schedules and agreement with the
    Client but it warrants that it shall take all necessary steps to comply with any service related timetable or other targets for progress as
    agreed with the Client.


    Client disagrees, boom.

  5. #5

    Super poster

    Lance - scorchio!

    Lance's Avatar
    Join Date
    Sep 2013
    Location
    home
    Posts
    2,863

    Default

    sounds like you're inside then.
    Unless you can prove no MOO or a valid RoS.

    Maybe if they ask you to do a task for another project, and you refuse, hence demonstrating no MOO (get it in an email).
    Or buy insurance and cross your fingers.
    See You Next Tuesday

  6. #6

    Double Godlike!

    malvolio is NOT a disguised employee

    malvolio's Avatar
    Join Date
    Jul 2005
    Location
    Walking in the garden, dreaming of Olivia...
    Posts
    10,962

    Default

    I think that's a case of the contract you signed with the agency having little to do with the one the agency signed with the client. But you haven't got prior agreement so that doesn't really matter and the clause stands.

    As for MOO, it's about an irreducible minimum, not "on or off". Do you have to accept any work offered, or would that require a new schedule to the contract. That is the initial test of whether or not MOO meets the outside IR35 threshold. I have a nasty feeling your client would see the former, not the latter.
    Blog? What blog...?

  7. #7

    Still gathering requirements...

    Skag has no reputation


    Join Date
    Nov 2017
    Posts
    43

    Default

    Quote Originally Posted by malvolio View Post
    I think that's a case of the contract you signed with the agency having little to do with the one the agency signed with the client. But you haven't got prior agreement so that doesn't really matter and the clause stands.

    As for MOO, it's about an irreducible minimum, not "on or off". Do you have to accept any work offered, or would that require a new schedule to the contract. That is the initial test of whether or not MOO meets the outside IR35 threshold. I have a nasty feeling your client would see the former, not the latter.
    I think the Client would offer me any job to be done that falls inside or around my duties, for example if I am a developer, then ask me to write a job description for future developers.
    I have a feeling that the Client sees me (or contractors) as an all-doer, since I'm there and getting paid.

  8. #8

    Still gathering requirements...

    Skag has no reputation


    Join Date
    Nov 2017
    Posts
    43

    Default

    Quote Originally Posted by Lance View Post
    sounds like you're inside then.
    Unless you can prove no MOO or a valid RoS.

    Maybe if they ask you to do a task for another project, and you refuse, hence demonstrating no MOO (get it in an email).
    Or buy insurance and cross your fingers.
    What is RoS? Are you referring to invoicing them? If yes, I do.

  9. #9

    King of updation

    TestMangler - scorchio!

    TestMangler's Avatar
    Join Date
    Aug 2010
    Location
    Ardbeg, Isle Of Bute, Jock Land.
    Posts
    6,438

    Default

    Just get them told......

    I swear on the wet head of my first case of gonorrhoea, there is his ugly voice that I forever fear...

  10. #10

    My post count is Majestic

    northernladuk is always on top

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    36,832

    Default

    Quote Originally Posted by Skag View Post
    What is RoS? Are you referring to invoicing them? If yes, I do.
    RoS is Right Of Substitution. Just because there is a clause in there it doesn't mean it's acceptable. It has to be unfettered. The client does not have the decision to take them or not as long as they are qualified.

    Did you get your contract checked before you started?
    'CUK forum personality of 2011 - Winner - Yes really!!!!

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •