IR35 Working Practices Review and Software Code Reviews

[jamesbrown]

Not sure where this discussion about SDC is coming from. Sure, "supervision" is an element of control in the existing IR35 test, but only one element, and D&C is only one element of IR35. Without knowing the details of the review, it's difficult to comment, but this is one reason you need a reviewer that really knows their stuff (because less competent reviewers may have a tendency to be too risk averse). Again, I'm not passing comment on this particular review, just the discussion that has followed here. You need to separate IR35 and SDC in your minds, at least for now.

[missinggreenfields]

Not sure where this discussion about SDC is coming from. Sure, "supervision" is an element of control in the existing IR35 test, but only one element, and D&C is only one element of IR35. Without knowing the details of the review, it's difficult to comment, but this is one reason you need a reviewer that really knows their stuff (because less competent reviewers may have a tendency to be too risk averse). Again, I'm not passing comment on this particular review, just the discussion that has followed here. You need to separate IR35 and SDC in your minds, at least for now.

A point I've been making since the fifth post

[dx4100]

A point I've been making since the fifth post

I think she wants a Blue Peter badge

[dx4100]

So going back to the OP post...

It does seem highly questionable why its failed the review on that one point ? I would be going back to them for further clarification on the reasoning.

[heyya99]

I don't understand how a software development contractor's work practices could, in practice, enable right of substitution.

[SueEllen]

I don't understand how a software development contractor's work practices could, in practice, enable right of substitution.

From your previous posting record I'm not surprised.

If you can bring a contractor into to do a piece of work then you can substitute them. A piece of work in this instance is one task. The task should take a maximum of two days.

[northernladuk]

From your previous posting record I'm not surprised.
.

Ouch but good spot

[SueEllen]

Ouch but good spot

I changed it from something ruder before I hit post.

[heyya99]

From your previous posting record I'm not surprised.

If you can bring a contractor into to do a piece of work then you can substitute them. A piece of work in this instance is one task. The task should take a maximum of two days.

Yawn (expected based on previous posting history).

If you read my OP you'd see that I said in practice. Can you really see a client, on go-live week say yes to 'I'm not around this week but I'm bringing my mate in'.

Task should take 2 days? I'm able to finish my tasks in 1.9 days

[heyya99]

Ouch but good spot

Oh here comes in cavalry in the form of grumpy balls who claims to such a pillar of contracting professionalism yet allows his client to pay for him to spend his day evacuating persecutory emotions via an internet message board.