Hi lovelies,
I'm self-employed (work in a creative industry). I have my own limited company. I usually consult my own clients on a B2B basis, working through my limited company, invoicing clients for work actually done at the end of the month.
The thing I love about being freelance in this way is the total flexibility to work where I want to. Typically I just go whenever I want and use my own laptop and answer client questions from wherever.
Recently, I have done something different as I wanted some additional work for the summer, so took on a short-term gig with a company and agreed to work as their contractor for a few months. I still contract with them through my limited company and invoice for work actually done, but I signed a consultancy agreement with them this time (as opposed to just issuing my standard B2B terms) and they expect me to provide interim staff cover for a certain number of hours a week.
Unfortunately with this contract job, they've required I use their kit and systems. Understandable to an extent, but it means I'm a bit more integrated than I usually would with my own clients, although I am very very careful to maintain as much independence as possible as I don't want to be a deemed employee to stay outside of IR35. I was very reluctant to use their kit, but it's deemed necessary on their end.
I want to work abroad for a few weeks over the summer, but I know they'll likely be a bit awkward about it if I asked and say no. They are just that type of company. I know all the risks for them if their own employees went off abroad (tax / legal / data), but I'm not an employee.
Could I just go and see whether they notice? Consultancy agreement doesn't have any restrictions on where I work. Yes, I'm aware their IT might notice I'm outside the UK, but could I just explain if pulled up on it that I am not their employee, I'm a contractor that chooses how and where to provide my services, I don't get all the normal employee benefits and would not be expected to be subjected to employee policies? In other words, ask for forgiveness than permission? I own my business and I decide where I work, even though I am their contractor, from my perspective they are my client and I would never have a client telling me how to run my business.
Yes, all understood that they might end the arrangement. I'd hope I could just apologise and say my bad or something if pulled up, but they actually need me more than I need them. I'm not desperate for the money, but it was an easy money maker for a few months.
Am I worrying over nothing, and simply need to get out of the "employee" mindset?