Personal Appraisal or Terminate Contract

**Bumboclot** · 17 August 2005, 14:49

Do I Feck!

"Training needs is not applicable"

Public Sector Client

**planetit** · 17 August 2005, 14:54

You could always suggest a meeting with the client to discuss your performance. Nothing wrong in that. The tricky bit will be getting the client to refer to it as such, rather than an staff appraisal.

The fact that they want you to go through the same process as a permie suggests that if the IR ever ask them about your status they will not help your case.

I think you’re right to be worried.

**boredsenseless** · 18 August 2005, 08:08

Given that it is a Public Sector Client I wouldn't be surprised if they have been politley asked by that other Public Sector body (HMRC) to give all contract staff appraisals in the same way they would permies.

That way at the end of the year they just have to look at the list of 'companies' the various government bodies have 'contracted' and hey presto a nice IR35 enquiry list is generated.

Although given that your client is a Public Sector one, I doubt they'd help much if HMRC suggested that you where inside IR35...

**Mailman** · 19 August 2005, 09:56

I guess what you could do is decline the first meeting request they send you (say it clashes with something else) and then immediately send them a meeting request headed up "performance discussion" or such like.

That way when Her Majesties Government asks if you had a performance appraisal you can truthfully answer no because you had a discussion with the client on how the contract was being carried out

Mailman

**The Lone Gunman** · 19 August 2005, 11:53

I would ignore it, when it becomes an issue state that you did not think it applied as you are not "staff". If they insist you are then ask them about holiday pay, sick pay and pensions.
Obviously you should offer to meet with your line manager (not HR) to discuss delivered work and future deliveries etc. but keep records.

Personal Appraisal or Terminate Contract