Should I be voicing that I'm under utilised?
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  1. #11

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    Quote Originally Posted by psychocandy View Post
    Of course, doesnt apply if you're already PS Inside IR35.....
    Good point.
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    Quote Originally Posted by ctm View Post
    However, I feel for the rate they are paying me. I am hugely under utilised....

    But should I say something to my manager that they 'are not getting their monies worth'?
    Why don't you write them a cheque to repay them 50% of the daily rate they've been paying you for the last 1.5 months?


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    Quote Originally Posted by northernladuk View Post
    You shouldn't be doing any work that is not defined in your contract. If you are you are under Direction and Control of your client. Having no D&C is one of your main defences against IR35. They are just using you as another employee.
    No-where did OP say he's been directed to do that work - personally, if it were me I'd be asking the helldesk if they have anything they needed doing and offer to use my expertise to help, but in a manner I see fit. Finding work at a client and carrying it out shouldn't lead to a D&C test fail surely?

    Quote Originally Posted by northernladuk View Post
    I'd be looking to get out of that gig personally on a number of reasons. Some people would say just keep invoicing but crap gigs with IR35 problems are not for me. One of the benefits of contracting is that you can say no thanks and go find something better surely?
    I don't see the IR35 problem - if the contract was reviewed as outside just because the OP has gone off piste and found other tasks that need doing, doesn't mean he's immediately in IR35; scope changes / scope creep happens all the time in professional services engagements especially where IT infrastructure is concerned.

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    Quote Originally Posted by northernladuk View Post
    Having no D&C is one of your main defences against IR35. They are just using you as another employee.
    Welcome to 99% of all IT contracting.

    Practically every client uses an IT contractor as "just another employee".

    Here's a clue. If you have to be "interviewed" and the client asks about your personal skills relevant to the contract gig, then you're not there as a representative of your company, extolling the virtues of what your company can provide, but you're a disguised employee.

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    Quote Originally Posted by mattfx View Post
    No-where did OP say he's been directed to do that work - personally, if it were me I'd be asking the helldesk if they have anything they needed doing and offer to use my expertise to help, but in a manner I see fit. Finding work at a client and carrying it out shouldn't lead to a D&C test fail surely?
    Wrong. If you are given a task to do that is not defined in your contract you are being controlled. Permies do that.

    I don't see the IR35 problem - if the contract was reviewed as outside just because the OP has gone off piste and found other tasks that need doing, doesn't mean he's immediately in IR35; scope changes / scope creep happens all the time in professional services engagements especially where IT infrastructure is concerned.
    See above statement. Scope creep is not being given a different task.

    I am talking pure theory here and BillyBiro does make a good point below that it's pretty common and sometimes it's almost impossible to stick to it without getting binned but at the very least understand the situation. If you can do that then at least you know the risks of being given extra work rather than just taking it on blindly thinking it's not a problem.
    Last edited by northernladuk; 10th November 2017 at 12:55.
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    Quote Originally Posted by billybiro View Post
    Welcome to 99% of all IT contracting.

    Practically every client uses an IT contractor as "just another employee".

    Here's a clue. If you have to be "interviewed" and the client asks about your personal skills relevant to the contract gig, then you're not there as a representative of your company, extolling the virtues of what your company can provide, but you're a disguised employee.
    I don't quite agree those figures but on the whole I get your point but it's up to you to manage that. If you are going to take that approach and write it off we might as well welcome IR35 in to the private sector with open arms.

    I don't really agree with the last statement though. Nothing wrong with making sure the representative has the skills required. It's a key part of the substitution clause for a start.
    Last edited by northernladuk; 10th November 2017 at 12:46.
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  7. #17

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    Quote Originally Posted by ctm View Post
    Hi All,
    I'm half way through a 3 month contract with view of extension. I've not had any comments about my performance. However, I feel for the rate they are paying me. I am hugely under utilised. I work in IT Infrastructure and was brought in to work with Microsoft to resolve a number off issues. But I've only spent about 2 days doing that work and the rest of 1st/2nd line support like imaging PC's.

    Its definitely not because they dont think i'm capable, as they regularly ask me to assist on niggling issues and point where they should looking in order to resolve it.

    But should I say something to my manager that they 'are not getting their monies worth'? The 1st/2nd line stuff is boring and its certainly not what I signed up for (originally was meant to be Azure and SCOM work). But its a good company and the people I work directly with are down to earth, so I don't want to cut it short to find more meaty work.

    They have a servicedesk team, who seem to be bypassed to come directly to me, I assume as I turn over the work faster.
    Depends on your attitude to working, personally I see it as time reclaimed

    Although seriously there are plenty of reasons NOT to ask for more work, you might put your boss' nose out of joint!
    Last edited by tiggat; 10th November 2017 at 12:54.

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    Quote Originally Posted by tiggat View Post
    Depends on your attitude to working, personally I see it as time reclaimed

    Although seriously there are plenty of reasons NOT to ask for more work, you might put your boss' nose out of joint!
    Who's nose????
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    Quote Originally Posted by northernladuk View Post
    I don't quite agree those figures but on the whole I get your point but it's up to you to manage that. If you are going to take that approach and write it off we might as well welcome IR35 in to the private sector with open arms.

    I don't really agree with the last statement though. Nothing wrong with making sure the representative has the skills required. It's a key part of the substitution clause for a start.
    Oh, you mean those sham clauses in practically every contract that stipulate that the client gets to decide who can and who can't be a substitute?

    For any real contract, the supplier decides who to send along for the gig, and it's entirely the supplier's responsibility to ensure suitability.

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    I agree totally that in an ideal world you will be bought in for a project, deliver it on time and in budget and that will be it; your contract is finished. That probably works much better for devs than it does for infrastructure guys. Let's say that a client asks for your business to build a new VDI platform based on VMware View and carry out a POC with the users. You get in to the gig and with your VDI experience you quickly realise they already use Citrix which would work just as well if a few things were fixed. The client agrees, you do the fixes. You're then well outside the scope of the contract and you are essentially performing maintenance on internal systems, some of which will have to be dictated / lead by the client and their requirements. (downtime planning, etc.)

    NLUK if I've interpreted what you've said correctly, you're suggesting that you shouldn't then undertake the work because it's not what the scope was originally?

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