Absence tracking for contractors

[Output Flange]

Is it unreasonable to request that contractors (in this case IT) use the same absence request process as FTEs? Or is that another example of treating them like employees?

[plasticpig]

The fact they have to request an absence is an IR35 risk. I thought most contracts outside of IR35 had substitution clauses. In which case the contractor may choose to provides a substitute.

[Output Flange]

That was my thinking too - FTEs request absence, contractors notify of absence

[Autopilot]

Output Flange said:

Is it unreasonable to request that contractors (in this case IT) use the same absence request process as FTEs? Or is that another example of treating them like employees?

Unfortunately it's organisations like these that could potentially make life difficult in the event of an IR35 investigation. They forget and want to treat contractors like employees so it doesn't really matter what your contract says, if investigated, they'll ask the organisation a few questions and they'll fail to see your working practices as being outside of IR35 even if you have substitution clauses in your contract etc.

The Govt organisation I'm at always have auditors in looking at various things and one of the current audits is on the recruitment process of contractors. Luckily the organisation I'm at heavily relies on contractors to both meet demand and supply specialist skills they don't have so all the management here are great as they fully understand. We do all regularly sit in the office, but if a manager was asked they'd say 'Oh, they pop in from time to time' and keep it brief. All of our contracts are through G-Cloud from the Outputs driven framework so our contracts typically state what the outcome is and that's it.

[deckster]

Output Flange said:

Is it unreasonable to request that contractors (in this case IT) use the same absence request process as FTEs? Or is that another example of treating them like employees?

If they are in the position that it is important to the project to know well in advance exactly when any given contractor will be in and when they will be off, then they are firmly caught by IR35 anyway. So the question really is, do you actually need to know this?

A genuinely outside IR35 contractor will be able to say "I'll be out of contact next week, deliverables are all on track. Leave me a voicemail if it's really important". Anybody that can't, isn't outside IR35.