Implications for day-rate contractors facing an unexpected bank holiday?

shoe_dog

Without meaning any disrespect, what are the implications for freelance contractors charging a daily rate who have agreed to work a specific number of days through a fixed period if a bank holiday is announced for the Queen's funeral? I for one can't afford to lose a days earnings as i'm sure many others can't either. Are there any laws or guidance in place?

Brie

I think the best thing to do is talk to the people for whom you are doing work.  They may say they find the idea of you working while they are watching a funeral abhorrent.  Or they may be non royalists who are equally inconvenienced.  Or maybe they'll be going to wherever the funeral is happening and be perfectly happy for you to crack on.

Your post here is phrased nicely and sounds completely reasonable and I can't think anyone will be bothered by you asking.  It may be helpful to explain that you wouldn't be charging weekend rates or double time or anything.  And if they don't want you working then you might want to find out if the next person you have lined up to work for has any prep work that can be done on the day instead.

Wyndham

No laws or guidance at all - other than if you work, you get paid, if you don't work, you don't get paid.

Talk to the other party involved, they may be happy for you to work on the bank holiday - or they may not.

Think about it this way - if you were too sick to work on a day, what would you expect to happen then? It's likely to be similar for this.

And, if you're day rate contracting and honestly can't afford to lose a days pay, how to do you cope with gaps between contracts? And how do you ever have any time off?

74jax

If you've agreed to work a set number of days, can you still not do this? Even if its declared a bank holiday you could still work it, or if they chose to close you do the day another time?
At the end of the day, it's a days work, its not disrespectful to worry about money, especially in this economic climate. 

Grumpy_chap

shoe_dog said:

Without meaning any disrespect, what are the implications for freelance contractors charging a daily rate who have agreed to work a specific number of days through a fixed period if a bank holiday is announced for the Queen's funeral? I for one can't afford to lose a days earnings as i'm sure many others can't either. Are there any laws or guidance in place?

As a day-rate contractor you need to be able to accommodate unexpected days without pay as they can arise for any number of reasons - review your arrangement if that is not the case.  General comment over.

Second - there is no indication that a Bank Holiday will be announced.

Then, the big question.  Are you inside or outside IR35?  If you are inside IR35 and the employer decides to allow their direct staff to take the additional Bank Holiday (they don't have to), the employer may need to give the same concession to their "like employee" contractors.  If you are outside IR35, then it will be tough luck.

JReacher1

shoe_dog said:

Without meaning any disrespect, what are the implications for freelance contractors charging a daily rate who have agreed to work a specific number of days through a fixed period if a bank holiday is announced for the Queen's funeral? I for one can't afford to lose a days earnings as i'm sure many others can't either. Are there any laws or guidance in place?

If you can’t afford to lose one days earnings then you need to look at your budget and see what steps you can take to improve your financial situation.

Andy_L

It's not illegal to work on a bank holiday.

Presumably the client has a need for X days work from you, what does the contract say?

Marcon

shoe_dog said:

Without meaning any disrespect, what are the implications for freelance contractors charging a daily rate who have agreed to work a specific number of days through a fixed period if a bank holiday is announced for the Queen's funeral? I for one can't afford to lose a days earnings as i'm sure many others can't either. Are there any laws or guidance in place?

Depends on the exact wording of your contract. What precisely does it say?

uss_tish

My understanding is the day of the state funeral will not be a bank holiday. This is the govt issued guidance on business on the day of the funeral:

Business and public services

There is no obligation on organisations to suspend business during the National Mourning period. Depending on the nature and location of their business and the tone of planned events, some businesses may wish to consider closing or postponing events, especially on the day of the State Funeral, however this is at the discretion of individual businesses. Public services will continue as usual, although there may be some changes to service availability. Further guidance on any potential considerations relating to the day of the State Funeral will be issued if needed.

https://www.gov.uk/government/publications/the-demise-of-her-majesty-queen-elizabeth-ii-national-mourning-guidance/the-demise-of-her-majesty-queen-elizabeth-ii-national-mourning-guidance

Grumpy_chap

Although the State Funeral does not look like it will be a Bank Holiday, the OP might want to consider that the Coronation (next summer I suppose) might well be a Bank Holiday in the same way that the Jubilee was a Bank Holiday.  At least that sequence of events will give the OP (not to mention businesses) time to plan.

uss_tish

Correction to my earlier post following the proclamation during accession ceremony is that the day of the state funeral will now be a bank holiday! Rather contrary to the govt. guidance???