Interim Management Directive

[Scholes blurred vision]

Relatively new contractor. I have taken on a contract with line management responsibility (head of, as opposed to team leader). All permanent employees bar a couple of contractors.

I have read the following thread with interest (the only one I could find related to my query)

http://forums.contractoruk.com/busin...-position.html

In the post SarahL2012 drafted a ‘confirmation of arrangements’ which refused many elements which I believe are related to an interim Managers deliverables, whereas Malvolio’s approach seemed more pragmatic (albeit, subjective)

The question I have is there a directive or absolute guidance which informs me of what falls in/out of scope for interim Managers to follow and adhere to?

[northernladuk]

No. IR35 is as woolly as anything could be. It's so complicated even the people that gave it life can't understand it. We've had endless discussion with very little case law so much of it is subjective based on what we already know.

What sort of line management are we talking here? Appraisals, disciplinary and so on?

Did you have your contract checked by QDOS?

[Scholes blurred vision]

Disciplinary with a Manager that reports to me. I am *not* leading the interviews (this is being done by an independent permanent member of staff), but I am being interviewed. My comments will ultimately have a bearing on the outcome of the case.

My concern is my input will influence the decision that is made on the disciplinary and I am unsure whether this is IR35 territory...

[northernladuk]

Disciplinary with a Manager that reports to me. I am *not* leading the interviews (this is being done by an independent permanent member of staff), but I am being interviewed. My comments will ultimately have a bearing on the outcome of the case.

My concern is my input will influence the decision that is made on the disciplinary and I am unsure whether this is IR35 territory...

Just being involved in a clients disciplinary makes it an ir35 issue I am afraid. Not saying it means you are inside but it does start raising flags. Anything that has this level of control of permies should really be a permie job. Do you have a very clear list of your tasks? Could pass it past QDOS to see.

That said there are plenty of contractors in high-level positions right up to controlling person's at which ir35 really does kick in. They seem to contract ok so there must be a way to deal with it.

[malvolio]

What I said last time still applies. My limit is anything that affects a permie's career prospects; apart from anything else I'm not legally protected by the client and not insured for such things anyway. I will give an opinion to a permie manager, but it would be strictly objective and related to the work I am controlling (such as "He has missed a key deadline" or "His knowledge of xxx could be better). Anything outside that, such as pay rises, promotions or whatever is not my problem.

It is important, however, that you and the client clearly understand the boundary and why. I've never had a problem with that, but I know people who act as a permie manager. While they haven't necessarily had a problem, it is a risk too far and, as you say, is a clear IR35 indicator since you are part and parcel of the client organisation.

The exception - which does not apply in your case - is where the interim is filling a substantive role, such as FD or Head of IT and therefore has to act as a permie, but if you're big enough to hold that kind of role then you should also be properly covered. They must also be paid net of tax and NICs, so aren't IR35 fodder anyway.