Have Your Say: Do you have to ask your client for permission to take time off?

IR35 Test

In the recent IR35 case of the Alternative Book Company, the client’s control of the contractor was cited by the Special Commissioner as a key factor in his decision to dismiss the appeal, leaving the contractor, Keith Shepherd, with a bill for two years back tax and NI contributions.

Part of this control was that Shepherd was required to ask permission from his client to take time off. Clearly, there’s a fine line between professional courtesy or good old-fashioned customer service and having to get a client’s written permission, like an employee.

Following the Alternative Book Company’s case, now is a good time to examine existing contracts with your clients, and amend them if necessary. Or, if you’re in the process of negotiating a new contract, make sure you start out on the right footing. As Shepherd found out, not doing so could be very, very costly.

How do you manage your clients’ expectations when taking time off? How, and when, have you broken the news that you are taking a fortnight’s holiday in the Bahamas? Or in Blackpool? And has a client reacted badly when you’ve informed them that you’re taking a day or more off?

Published: Monday, June 09, 2008

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Readers Comments...

This article has 2 comments.

Speech Bubble Added: Thu, 12 Jun 2008

I worked at a client once who wanted me to use their in house holiday booking system to request time off.

I told them that if they did this they would be treating contractors like employees and run by some of their longer term contractors claiming employment rights.

They agreed, but took further steps and banned the contractors from using the canteen - which was shame as the food was darn tasty and cheap and chips!

Pete, London.

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Speech Bubble Added: Tue, 08 Jul 2008

I've never had a contract where I could just take days off without asking or where I could just walk away without giving any notice.

This type of attitude is just not professional, from either the client or the contractor and most businesses simply would not accept it, if it happened. As an IT Professional, who wants to give clients a good impression and therefore get more work, I certainly would not do it or even consider doing it.

It does not need to be in a contract for me to have enough common sense and loyalty to my clients, to ask for days off or offer to work a notice period. My reputation as a good worker and the reputation of my own company are what matters.

Just another example of how unprofessional and out of touch this government really are.

Graham, London.

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