Subcontractor Performance Assessment by Client

[grilse]

Folks

my client, the biggest aerospace company in uk, has just conducted performance assessments on all subbies. we had to sign it to say we were aware of it. it is to be kept by the client for 5 years.

it has 5 assessment criteria all marked exc, good, fair or poor. these were timekeeping, attendance, problem solving and 2 others.

it was signed by me and client line manager.

does formal annual perfomance assessment expose me to ir35 ?

advice welcome

[Ardesco]

You have a line manager....

Sounds like an employee to me. Signing something saying that you agree to your 'line manager's' assessment sounds very employee like....

A performance review also sounds rather employee like...


I would guess that you are fecked!

Of course I don't know what your contract is like or what your general working conditions are, this is just my opinion.

[XLMonkey]

Not necessarily, but it doesn't help you.

I send my client a client satisfaction form every quarter that uses a similar 1-5 scoring system (though, I have to say, timekeeping isn't on the list...). The questions on the form make clear that I am not an employee, and have the happy effects of building up a strong IR35 defence and also getting me references and quotes that I can use for future clients.

IMO, the real problem is not whether your performance is assessed, but who runs the assessment process. In this case, the fact that the client is running it (and you have no equivalent process for yourco), would suggest that you are in fact a disguised employee. I would suggest that you consider putting in place something of your own to demonstrate that yourco is responsible for managing your performance, not your client.

[moorfield]

Looks like disguised employment. Tell your client you can't sign it until you've been authorised to at yourltdco's next board meeting, see if that can string them along a little. Remember, you can always walk if you don't like it (you're not a permie after all...)

[tim123]

IMO, the real problem is not whether your performance is assessed, but who runs the assessment process. In this case, the fact that the client is running it (and you have no equivalent process for yourco), would suggest that you are in fact a disguised employee. I would suggest that you consider putting in place something of your own to demonstrate that yourco is responsible for managing your performance, not your client.

And the fact that you are assessed on Timekeeping and Attendance.

Unless there are genuine H&S reasons why you personally need to clock on on time, these things should be completely irrelevent to your client. What's important is "puts in sufficient hours to meet end of week deadlines", not whether you turn up on Wednesday.

tim

[Denny]

I agree. If you have Qdos insurance you must inform them of this latest development because if you continue to operate outside ir35 when there are signs that you could be inside then the insurance could be rendered invalid. You must avoid this at all costs. I would also do the same with any other insurance policy you have. No insurer with cough up in the event of an investigation if you don't keep them abreast of developments.

[hgllgh]

As it's termed a "Subcontractor" Performance Assessment I would have thought that points away from disguised employment.

If a client wants to perform Subcontractor Performance Assessments thats up to them but that shouldn't affect working practices between the contractor and client?

[Ardesco]

As it's termed a "Subcontractor" Performance Assessment I would have thought that points away from disguised employment.

If a client wants to perform Subcontractor Performance Assessments thats up to them but that shouldn't affect working practices between the contractor and client?

Well the fact you are a contractor should point out that you are not an employee, unfortunatly IR35 still comes to bite us in the ass if we aren't careful. Doesn't matter what it is called if they are assessing you on things that permies would be assed on and not contractors and you have to explain to your "line manager" why you are not meeting expectations I would say you are definetly a disguised permie.

Hello IR35!!

[ratewhore]

This should be couched in service level terms, rather than a performance appraisal.

Having said that, service level reviews are only any good if you have SLA's to meet...