Line Management/Team Leading IR35 position?

[Fandango]

I've just received an updated work schedule for the contract i'm about to start.

The T&C's have all been passed by QDOS, but the consultancy i'll be working for were just clarifying deliverables/dates etc with client so this updated work schedule has come a bit 11th hour. Obvioulsy nothing will get signed until QDOS give it the ok, but thought i'd run it by the masses as well and put it out there as it might prove useful for someone else who may have the same query.

Anyway i've fired it over to QDOS for a check, but theres a couple of bits in there about Team Leader/Line Managment which i don't know if are bad for IR35 or not?

Services:
To provide Interim Team Leader services in leading the team responsible for the design, development, maintenance and support (2nd/3rd line) of a range of SQL Server based solutions

Specific Responsibilities include
Day-to-day line management and mentoring of SQL developers. Scheduling and monitoring work. Objectives setting and monitoring. Undertaking performance evaluations.


thoughts?

[malvolio]

I've just received an updated work schedule for the contract i'm about to start.

The T&C's have all been passed by QDOS, but the consultancy i'll be working for were just clarifying deliverables/dates etc with client so this updated work schedule has come a bit 11th hour. Obvioulsy nothing will get signed until QDOS give it the ok, but thought i'd run it by the masses as well and put it out there as it might prove useful for someone else who may have the same query.

Anyway i've fired it over to QDOS for a check, but theres a couple of bits in there about Team Leader/Line Managment which i don't know if are bad for IR35 or not?

Services:
To provide Interim Team Leader services in leading the team responsible for the design, development, maintenance and support (2nd/3rd line) of a range of SQL Server based solutions

Specific Responsibilities include
Day-to-day line management and mentoring of SQL developers. Scheduling and monitoring work. Objectives setting and monitoring. Undertaking performance evaluations.


thoughts?

What thoughts? How about " Not everything is about IR35..."? Or "Don't let the taxation tail wag the business dog..."?

Anyway. you have a set of deliverables. You presumably have a free hand in how you deliver them, so aren't under D&C, and there is no impact on Mutuality either way. So where is the IR35 impact?

If you're managing othe contactors, there is no problem. If there are permies in the team, the risk is being seen a "part and parcel" and the way I avoid that is to make it clear I don't do "personnel" matters, that is for an employee of the company and/or Human Remains: for one thing you aren't insured should someone take out a Employment Tribunal case. So you can task team members and set objectives, but you don't discuss subjective issues such as team fit, timekeeping and attitude, nor will you take any decisions that affect a permie's career or salary (contractors can fight their own battles of course). Performance evaluation is fine provided you stick to objective measures, such as meeting set timescales

Other than that, it's a job, just get on with it.

[Fandango]

Cheers for the reply

I understand what your saying, it was indeed the "part and parcel" bit as you called it that I wasn't entirely sure of, and whether those descriptions in the work schedule were a pointer to that. Getting involved with apraisals and all that bollocks, I would be worried that would be seen as being just like an employee for the company.

It's a new aspect to me as I've always just been a technical specialist before rather than required to do any man managing so I've not come across this before hence my apprehension.

[northernladuk]

Even if you are team leading you need to get out of the appraisals and career management stuff. You are a contractor doing a piece of work. IMO it would be wrong to ask you to do this and wrong for you to do it. Permies wont be happy about it I am sure. The amount of responsibility isn't mentioned but if you do have to do appraisals, manage training and career progression then I am sure they will try and nail you to a wall for it in an investigation. Whether or not it will stick is arguable but IMO avoid that kind of crap like the plague.

Unless of course this is part of your skill set and one of the reasons they picked you.......

[BlasterBates]

In my view this would be an IR35 pointer. One of the major pointers of IR35 is when you are allocated tasks on a daily/weekly basis from a PM, things like running up the database, being told to shut down system A, install this please on X. I think if you´re a team leader you´ll likely be the guy giving these orders. Generally I would see this as a high risk IR35. Probably best to check with an IR35 expert to see what they think. To be outside IR35 you need to be independent a bit like a plumber in someone´s house, not part of the family.

[malvolio]

Even if you are team leading you need to get out of the appraisals and career management stuff. You are a contractor doing a piece of work. IMO it would be wrong to ask you to do this and wrong for you to do it. Permies wont be happy about it I am sure. The amount of responsibility isn't mentioned but if you do have to do appraisals, manage training and career progression then I am sure they will try and nail you to a wall for it in an investigation. Whether or not it will stick is arguable but IMO avoid that kind of crap like the plague.

Unless of course this is part of your skill set and one of the reasons they picked you.......

You can contribute to an appraisal by providing your assesment of the worker's performance against fully objective, measurable criteria. You can not and will not make value judgements on anything that can't be objectively measured. The decision about what happens as a result of an assessment is not your responsibility, end of.

It's a fine line but one that has to be walked. Wait until you're working as an interim head of department...

[GB9]

Interesting thread for me as I have an interview as an Interim Head Of tomorrow. Sure the contract will be IR35 compatible but the things mentioned above are all valid.

I like the idea of measuring performance against clearly defined objectives and then letting someone else (HR) decide on career progress.

Seem to be a few of these roles about at the moment, more so than the usual big change / transformation ones I usually live off.

[northernladuk]

Interesting thread for me as I have an interview as an Interim Head Of tomorrow. Sure the contract will be IR35 compatible but the things mentioned above are all valid.

I like the idea of measuring performance against clearly defined objectives and then letting someone else (HR) decide on career progress.

Seem to be a few of these roles about at the moment, more so than the usual big change / transformation ones I usually live off.

Interim head of tomorrow? Wow, the certainly make some fancy titles up for us contractors nowadays.

[SarahL2012]

Interesting thread for me as I have an interview as an Interim Head Of tomorrow. Sure the contract will be IR35 compatible but the things mentioned above are all valid.

I like the idea of measuring performance against clearly defined objectives and then letting someone else (HR) decide on career progress.

Seem to be a few of these roles about at the moment, more so than the usual big change / transformation ones I usually live off.

I'm doing an 'interim head of' at the moment. Did not have a good time with the agency prior to starting the engagement in terms of getting detailed IR35 friendly terms of reference, but the client was desperate to have me on site so in the end I drafted a 'confirmation of arrangements' letter specifically stating what was in and out of scope of the role. Appraisals etc were out of scope. This went to B&C for contract review who gave it a clean bill of health from IR35 perspective - not sure that they would have been able to do that without the COA letter signed by the client.

I've since refused {in the nicest possible way} to be involved in internal interviews, appraisals, disciplinary issues, bonus decisions, payrise decisions and any other formal HR stuff. I also make the point of working 'from my office' (home) on occasion.

[GB9]

Interim head of tomorrow?

Yeah, I may be in charge of Tomorrow, everywhere! So be nice to me