Being Paid to Support Previous Roles on an Adhoc / Emergency Basis

**Lance** · 19 July 2021, 12:58

Originally posted by sidfishus View Post

Greetings everyone..

Thankyou for all the valuable information present on this site. This is my first time posting, I've had a quick scan but I can't find any information pertaining to my question.

I'm not currently a contractor but is something I am preparing to do in the near future.

I'm currently in a permanent role and there's a lot of software that I am the lead developer on. Essentially when I leave this role there will be a big knowledge gap and they won't have the staff with the necessary skills to support the systems I've created and have been supporting single handedly. Does anyone have any experience of being in a similar situation where they provide consultancy to support their previous roles on an adhoc basis? For example, an issue is found with using the software that they are unable to fix, so notify me to do the work or provide guidance. I do the work outside of the hours of my current contract role and then send them a bill? I guess this would be a fixed rate on a per-hour basis?

Would it be best to do this as a sole trader or as a limited company? I guess this could be confusing if my full term contract role is inside IR35 and there is a clause stipulating I can't do any other work for the duration of the contract. Would sending the bill from the limited company get around this?

Any information or advice you can give me is very much appreciated.

Cheers,

Chris

couple of things.
1) Moving from your employer, to contract for your ex-employer as a LTD. is not wise unless you know what you're doing in regards IR35. The fact that you are here asking suggests you don't know enough. If they'll use you as a sole trader for this work then do that.
2) Don't use an umbrella where the employment contract stipulates you can't do work for anyone else.

**jayn200** · 19 July 2021, 13:14

Yeah i agree just operate as sole trader if they'll allow you too which if it's a small/medium business and you were previous employee they probably will allow you.

Its always hard with a previous employer though because they think they'll get you close to your prior hourly rate. You should at least 3x your equivalent full time hourly rate and to a minimum of 150 an hour.

**northernladuk** · 19 July 2021, 13:45

Originally posted by sidfishus View Post

I'm currently in a permanent role and there's a lot of software that I am the lead developer on. Essentially when I leave this role there will be a big knowledge gap and they won't have the staff with the necessary skills to support the systems I've created and have been supporting single handedly. Does anyone have any experience of being in a similar situation where they provide consultancy to support their previous roles on an adhoc basis? For example, an issue is found with using the software that they are unable to fix, so notify me to do the work or provide guidance. I do the work outside of the hours of my current contract role and then send them a bill? I guess this would be a fixed rate on a per-hour basis?
Chris

Just be aware, although this looks like a bit of a win there are a few things to consider. Firstly how will you fit this in with your future contracting? It's highly likely they will want you to work on it the minute it happens. Not much use to them if you plan on just doing a few hours in the evening. If you have a nice new shiny contract and are working for your client you can't be doing work for someone else on their time. Might seem easy if you are working from him but you'll only get away with it by the client not seeing it which isn't the most professional approach. Do able for sure and a lot of people do I am sure but not something to be overlooked.

Also you'll be using knowledge the client gave you and then you sell it back to them at an inflated cost. They may not be keen on this on principle.

Where it seems a nice little earner you'll be busy at your new client earning shed loads. Is it worth messing about with this? As an employee of the company should you not be highlighting the single point of failure to your employer and helping them devise a solution. You don't have to tell them you are leaving or anything, you still need holidays etc. Bottlenecks like this shouldn't really exist. Not saying anything, leaving and then selling the solution back to them looks particularly sly and also might affect the outcome of your proposal. It's difficult to say without being in your shoes but personally I'd be looking to shut this one down before I leave and just get on with contracting.

Just giving you something to think about from the other side.

**Paralytic** · 19 July 2021, 15:28

Ignoring the much wider challenges of leaving an employer and expecting them to come back to you....

I'd be writing this as a use it or lose it, call-off contract for (eg) 20 hours per month, at 2-3 x my normal hourly rate (pro-rata), with any additional hours paid at an agreed (perhaps a bit lower) rate. You invoice them at the end of the month for the 20 hours (even if they've not used them) plus any other time you've agreed to and worked.

Ensure you get an SLA written into the contract. eg, first response within x hours, estimate within y hours, start within z days

**sidfishus** · 27 July 2021, 14:49

Excellent advice from all, thanks for boosting my knowledge and giving me lots to think about.

**Zola** · 27 August 2021, 13:44

Originally posted by sidfishus View Post

Excellent advice from all, thanks for boosting my knowledge and giving me lots to think about.

what did you figure out?

I also want to create a legal form for my services(IT support), and get more clients in the future. Umbrella probably not the best for that.
I thinking in availability time,SLA and some fixed hours/week and how to put these into an agreement.

Being Paid to Support Previous Roles on an Adhoc / Emergency Basis