Time off work - cant get any sense out of manager

[Deleted User]

Bit different because I'm an IT contractor working at a client site. Short term renewable contracts. I work for myself and dont get paid for holidays/sick etc.

As such, normal procedure if you want time off is to ask client to make sure its not a big problem. More as a courtesy than anything. They're not paying you and you're not an employee but its generally best not to upset them if you want a contract renewal.

Anyway, current contract renewal is August and I had hol planned for end Sept. Was waiting for renewal to make sure before I mentioned hol.

Mgr spoke to me the other day and asked if I would accept renewal. Great. Mentioned holiday to him and he said ok if it fitted in with project plan. Emailed him to confirm having checked plan, mentioned this and asked for confirmation. No reply. Left him 2 voicemails - no reply (he works at another office). Another email to check - no reply.

As its getting closer chances of wife re-arranging hols are getting slimmer. Do I take his lack of reply as him having no problems with my dates? Or do I risk upsetting him and possible future contract extensions?

SarEl

As I see it he hasn't yet agreed to this particular extension! He said it would be on offer - where is the actual written conformation though? Basically you cannot take the lack of reply as anything - including the fact that you have a renewed contract. Why not phone the other office that he works at?

[Deleted User]

SarEl wrote: »

As I see it he hasn't yet agreed to this particular extension! He said it would be on offer - where is the actual written conformation though? Basically you cannot take the lack of reply as anything - including the fact that you have a renewed contract. Why not phone the other office that he works at?

No written confirmation. Yep left him several messages on work phone.

KiKi

[quote=[Deleted User];discussion/3382048]Bit different because I'm an IT contractor working at a client site. Short term renewable contracts. I work for myself and dont get paid for holidays/sick etc.

As its getting closer chances of wife re-arranging hols are getting slimmer. Do I take his lack of reply as him having no problems with my dates? Or do I risk upsetting him and possible future contract extensions?[/QUOTE]

You are self-employed, and whilst I accept that you don't want to p*ss the company off, you are entitled to work as and when you choose.

I would email and state that you will be taking your holiday over this time, and if he has a problem to come to you by a certain date, otherwise you will take it as a given.

Of course, if this is an important client and you live in fear of them asking you not to come in again, you may not want to take that approach! But you don't need permission, so I'd personally go with it, and give them a date by which I'd book the holiday.

KiKi

InsideInsurance

Just because your not an employee of the company doesnt mean that you can work as and when you please. Whilst there isnt a contact of employment between you and the end client there will be another type of contract (depending on if you are an umbrella or Ltd etc) which can stipulate when and where you are expected to be and failure to meet it can have much harsher consequences than a contract of employment.

Most contracts will require you to fix issues of your making at your own cost (ie without pay) and typically have a very short notice period for termination. All work well to help you get outside of IR35 and reduce your taxation but create a risk in these circumstances.

It seems you arent giving them much time to respond to your request given it was the other day and now you've already bombarded the chap with emails, voicemails etc etc after he had already said they would need to check the plans and see what can be worked out. Whilst I understand the issue of asking for holiday when you are on a short term contract it is also the risk of not asking for permission several months in advance

Hammyman

InsideInsurance wrote: »

Just because your not an employee of the company doesnt mean that you can work as and when you please. Whilst there isnt a contact of employment between you and the end client there will be another type of contract (depending on if you are an umbrella or Ltd etc) which can stipulate when and where you are expected to be and failure to meet it can have much harsher consequences than a contract of employment.

Actually under HMRC rules, to qualify as self employed that is EXACTLY what you have to be able to do.

[Deleted User]

Hammyman wrote: »

Actually under HMRC rules, to qualify as self employed that is EXACTLY what you have to be able to do.

Yep. with IR35 gotta be careful that client is not giving you any direction or control....

isplumm

[quote=[Deleted User];45578008]Yep. with IR35 gotta be careful that client is not giving you any direction or control....[/QUOTE]

But I assume the client could ask for a subsitute ...

Mark

InsideInsurance

Hammyman wrote: »

Actually under HMRC rules, to qualify as self employed that is EXACTLY what you have to be able to do.

It is actually a difficult one and not as clear cut as HMRC would like to have you believe. Have to firstly remember that self employed = sole trader and I would be highly doubtful that is what the OP is. In all my years of using and being a contractor I've never come across a single one, they have all been via an umbrella or via a PSC/ LTD, the majority of which were the PSC/LTD route in which case it is a standard B2B contract.

As a prior client of Deloite and other consultancies I have had contracts which explicitly stated the time and dates that named employee's of their company had to be on site and working. That did not make their consultants an employee of my clients/ employers and if they failed to show on those times and dates unless otherwise agreed it would have been a breach of contract.