Control and IR35

[Mustang]

Wanted to get the distinguished panels verdict on what is happening in my current gig as I am concerned that whilst the contract has been reviewed and is outside IR35, actual events may be pulling me inside.

I am working as a project manager with a team of 10 on a high level design phase. I report in to a programme manager. He is French - not totally relevant but helps set the scene. This guy is very very anal - no wonder some of you out there have a bad experience of project/programme managers!! He doesn't communicate very well, not as a result of language but as a result of personality. He likes to set his expectations after the fact rather than before. He checks everything - not only does he check anything I produce but also that of the team I am managing.

He is a "power user" for MS project and assumes that every feature of it will be used - even on a project that is short in duration. He has not set up weekly meetings or anything to ensure info flow within the team but I have now set these up. The project started 3 weeks before I came on board and no real schedule was in place. He does however know the products really well as he is a permie with the Client and has been there for a while.

In short: he is teaching Granny to suck eggs and I am doing my head in!!!!

My concern is that because he is so anally retentive, he is exerting far too much control over what I do and therefore dragging me inside of IR35. Taking all this into account, should I: -

1) Complete the contract and just not renew.
2) Talk to him or his boss to attempt to get the situation changed.
3) Let the agent know and explain my concerns
4) DO nothing - just chill out and have a beer. Its nearly friday anyway?

Bottom line: in reality is there anything you can do regarding working practices to ensure you remain outside of IR35.

[oraclesmith]

I'm afraid I wouldn't have put up with that for very long. I've been through many bosses.

[Bluebird]

What does your contract say in terms of what you are being contracted to do ?

[oraclesmith]

Depending what's in your contract, you could always exercise one of your freedoms - such as deciding to work from home. I guess it depends on how likely/happy you are to get fired versus risk of investigation and how much IR35 may mean to you in terms of pay.

[ratewhore]

I've been through many bosses.

oo-er - top bloke

[XLMonkey]

Seems like the real problem isn't IR35 status - its the way this guy is behaving. It would definitely do my head in. The good news is, if its early in the contract, there's still time to re-set his expectations.

Not sure I would go quite as formal as Denny's suggestion, but I do think that you need to have a chat with him and explain that you want to deliver the project, and that in order to do that he needs to trust your expertise and let you get on with it. You could dig out a copy of the MSP handbook and use it as a way of showing him that he's supposed to set high level objectives and then manage by exception, rather than by checklist.

Also, might help to find some way of channelling his energy into something else (so he doesn't have time to spend looking over your shoulder), e.g. developing the overall programme strategy, setting up steering groups with the customers (i.e. his job).

[Mustang]

Set up a meeting with him to discuss what your expert services are there to provide. Remind 'froggie' that you are there to provide expert services and suggest, diplomatically, whether or not he is satsified with what you are producing. If he asks you why you wanted this meeting, tell him that you are not used to being micro-managed and that by doing this, his behaviour suggests that you are being treated like a worker rather than an expert and that you only expect broad frameworks to work within, rather than be told how to hold a pencil or what type of software to use (no don't say that last bit!).

Had one meeting with him and he got quite hostile. I think I will set up a "final" meeting with him and state the highlighted.

Tell him that you find the current commercial relationship with him unsatisfactory and that you regard it as a breach of contract if things don't change. If he refuses to change his ways, tell him that you normally work by producing deliverables on your terms and if the client wishes to alter them or change them significantly using methods that you wouldn't agree to, then he must find another resource to do this rather than pass it back to you to update on his terms.

This is the bit that he really does not get!!! He seems to want to treat my like I work for him rather than as an expert that has been brought in!

In all fairness though, no contractor works in complete isolation of others' input and client suggestions to change things or abide by terminologies they are familiar with is pretty typical. That doesn't make you an employee or inside IR35 if these behaviours do not fundamentally fly in the face of the principles you establish for doing your work in the first place.

I am not expecting to work in isolation but I dfon't expect to be managed to the Nth degree either!! My daily rate is too good to be a "junior" - he will have me making the tea I am sure!! It doesn't help that I have a very good rapport with the End Customer or that the project is tight on time or risk and no contact has been signed yet!!

There is only one month left on the contract - ideally I would love to get a continuation but there is no way I am putting up with this guys sh1t...!!

[Mustang]

This guy is just SO French and I, at times, can be so English. Not a good combination!!

[Ruprect]

Mais Non! Mais Oui!