Is this Agency/Client messing me around?

[northernladuk]

It's a mat cover gig so they absolutely need someone to start before the employee goes on leave.
.

You'd assume that would be the case but I've lost count of the number of situations where it didn't work like this. Utter madness but it happens. The world never stops when it happens so just have to plough on.

[sira]

You'd assume that would be the case but I've lost count of the number of situations where it didn't work like this. Utter madness but it happens. The world never stops when it happens so just have to plough on.

Yeah...either the rest of the team picks up the mountain of slack for a short while, or they grab a consultant I guess. Absolutely, utter madness.

If I was a senior manager and had a staff member going on mat, I'd want it sorted asap.

[northernladuk]

It could open an interesting theoretical debate about the IR35 status of a contractor providing maternity cover though.

[LondonManc]

It could open an interesting theoretical debate about the IR35 status of a contractor providing maternity cover though.

Depends on the role too. Specialist perm on mat leave, nobody in the company can do it - outside. PMO analyst shizzle, generally being supervised, directed and controlled - anybody's guess.

[northernladuk]

Depends on the role too. Specialist perm on mat leave, nobody in the company can do it - outside. PMO analyst shizzle, generally being supervised, directed and controlled - anybody's guess.

Possibly but I think that would only apply to a very small number of roles. In the others you'd just be filling in for a permie. Same everything until they get back, almost temping but for skilled people.

It would be interesting to see if it is just a shoe filling exercise to see what CEST says. I've got a sneaking suspicion it's so flawed it's going to put the employee outside IR35

[Hapax]

Depends on the role too. Specialist perm on mat leave, nobody in the company can do it - outside...

Absolutely not.


You will be doing exactly the same work as an employee using the same working practices by definition.
The only difference is that your tenure is finite. You are precisely what it says on the tin a temporary permanent employee.


TBH it's difficult to thing of a more clear cut case of being inside IR35.

[Lance]

Absolutely not.


You will be doing exactly the same work as an employee using the same working practices by definition.
The only difference is that your tenure is finite. You are precisely what it says on the tin a temporary permanent employee.


TBH it's difficult to thing of a more clear cut case of being inside IR35.

I’d agree with that.
The only way I can see an interim person filling in for someone to have a baby, and be outside ir35, is if the baby bearer was already an outside ir35 contractor.
It wouldn’t be mat leave though.

[sira]

Possibly but I think that would only apply to a very small number of roles. In the others you'd just be filling in for a permie. Same everything until they get back, almost temping but for skilled people.

It would be interesting to see if it is just a shoe filling exercise to see what CEST says. I've got a sneaking suspicion it's so flawed it's going to put the employee outside IR35

Just to update...I politely threatened to walk away if they didn't sort it out. 2 hours later agency confirmed (in writing) that client checks were complete. So i signed the contract, and they will countersign and send it back.

Would you say its signed and sealed now? I am still attending other interviews to cover myself though.

[northernladuk]

Just to update...I politely threatened to walk away if they didn't sort it out. 2 hours later agency confirmed (in writing) that client checks were complete. So i signed the contract, and they will countersign and send it back.

Would you say its signed and sealed now? I am still attending other interviews to cover myself though.

There you go. That's how to do it. Thanks for feeding back.

I'd make sure the contract is checked by QDOS et al and you've got IPSE+ membership personally based on the last few posts but that's your call.

[sira]

There you go. That's how to do it. Thanks for feeding back.

I'd make sure the contract is checked by QDOS et al and you've got IPSE+ membership personally based on the last few posts but that's your call.

I just found it a little shady that they turned it round in 2ish hours? I'm sure its legitimate, but yeah..very fast!

Thanks for the insight re: contract^.