Discuss Been a subby for a company for nearly 10 years and been asked to do this in the Electrical Forum area at ElectriciansForums.net

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Are you using the companies fuel card ? Is your Van sign written with the companies logo ? Trying to work out how they they seem to think they are within their rights to ask you to
Comply with their request
Are you using the companies fuel card ? Is your Van sign written with the companies logo ? Trying to work out how they they seem to think they are within their rights to ask you to
Comply with their request
no fuel card being used, no sign writing on van. I can’t work it out other than they have issues with my hours I’m booking and where I am each day.... they have no reason to put a tracker on my van in my eyes
 
I'd be more concerned about the implications of things like IR35 biting you in the arse. So yes, I can't think of any possible reason why I as an employer could justify asking a sub contractor to fit a tracker for my benefit, so I doubt very much they could either.
I had a similar thought in mind.
Once they start dictating how you work, and monitoring how you work, rather than employing you based on your outputs (I assume the OP is paid "to do X", rather than paid to turn up Mon-Fri and do whatever they find for him to do) - then you start getting into tricky territory with HMRC. If they are happy with your work and rates then they'll carry on using you - if they aren't, then an argument over a tracker isn't your only concern.
And as said, there's a lot of questions about privacy - are they entitled to know what other customers the OP goes to for example ?
 
I don't know the regulation, but if within the company there is someone who could do the job you are sub-contracted to do they must employ that person permanently to carry out that work, they may be wanting to prove to the IR that they employ a sub-contractor because no one else has the expertise to carry out the work and that you work on other projects, the rules are a bit complicated and they may need the proof.
I think you may be muddling up the TUPE rules, here.
 
No, its Inland Revenue employment laws I was referring too, not transfer rules, it's all about employing someone permenatley rather than temporarily which applies to sub-contractors and consultants alike.
 
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No, its Inland Revenue employment laws I was referring too, not transfer rules, it's all about employing someone permenatley rather than temporarily which applies to sub-contractors and consultants alike.
IR35, indeed. Basically you have to be able to prove that you are bona-fide self employed which means demonstrating that you have more than one principle client.
 
IMHO... from reading the responses so far... I think the exact employment status of the OP needs to be established first... it appears to be somewhat 'muddled' right now. This may not be that easy, and may require the OP to locate any contractural documentation he may have and to speak to his accountant.
 
I don't know the regulation, but if within the company there is someone who could do the job you are sub-contracted to do they must employ that person permanently to carry out that work, they may be wanting to prove to the IR that they employ a sub-contractor because no one else has the expertise to carry out the work and that you work on other projects, the rules are a bit complicated and they may need the proof.
Not in the UK statutory law... in France, maybe. I've employed many hundreds of people over the years and used umpteen contractors... nobody can even check this sort of thing. I suspect that in a large organisation, this sort of rule may apply but it's not statutory law in the UK.

I once worked in a large organisation that prohibited the use of contractors for the whole of December. I think it was Xmas festivities related... I never knew the reason. Was an interesting conversation with the client... when you told 'em that after Nov 30th... they'd have to wait until January !
 
It generally happens when the IR check the accounts of any company that they question the employment status of any sub-contractor or consultants, this happened a few times during my working life in the UK and I was called to an interview with the IR personnel checking the accounts of my client's.
 
And that you choose your own working time, and supply your own tools, the list of proof is quite long.

There is an online tool you can use to determine your IR35 status.

https://www.gov.uk/guidance/check-employment-status-for-tax

Note that the rules about who makes the determination are changing in April. Before then it was the contractor's responsibility, but after that (for large companies) it is the client's responsibility. There is a lot of change in the IT industry around this, die to many contractors being paid for 5 days a week essentially like employees.
 
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The official tool has been roundly condemned for being inaccurate and completely ignoring some important factors. In other words - don't trust it.
 
Are you the only subbie?
if not, what do the others think?

a lot depends on how well they pay. If you are being well rewarded and have nothing to hide, it may not be an issue. On the other hand, they may be trying to screw you.

hope it works out for you .
 

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