Maximum duration of contracting for public sector

[twickamb]

Hello,

I am an IT contractor who is set up abroad / in EU. I am contracting for a UK public sector client via another employment business (middle man). Is there any legislation that limits for how long can the public sector client use my services ? Is there a period of time after which they have to stop using my services or offer some other form of cooperation ? Does the fact that I am based abroad change anything ?

Regards

[Lance]

Hello,

I am an IT contractor who is set up abroad / in EU. I am contracting for a UK public sector client via another employment business (middle man). Is there any legislation that limits for how long can the public sector client use my services ? Is there a period of time after which they have to stop using my services or offer some other form of cooperation ? Does the fact that I am based abroad change anything ?

Regards

legally there are no limits on duration.
The fact you are based abroad has no bearing on those non-existent duration limits.

Why do you ask? There's more to this than just your questions, so maybe provide some information???

[PartOfTheUnion]

No, there is no such legislation. I have worked as a contractor for public sector clients for many years at a time. However, I am hearing from others that their public sector clients have their own policies to terminate contractors (even inside IR35 ones) after two years; I don't know why they think that necessary. I also observe that departments are increasingly paranoid about getting the IR35 status determination wrong and keep changing their processes, which can mean uncertainty at extension time, including having some down-time while they make up their mind (again).

[edison]

Aside from IR35, it might be something to do with budget control. It's quite easy to have permietractor contractors embedded in an organisation doing 'stuff' with no staff really being accountable for what the are doing or delivering.

I've worked with several public sector and not for profits that have tightened up on contractors. At one council, a new political administration had a manifesto pledge to reduce the reliance on consultants and outside third parties, partly to create more in house jobs for local people.

At another place I brought in a policy with the CIO where the IT leadership team reviewed every single contractor each quarter and by default they would be canned unless someone could justify their existence and deliverables. We binned about 15 contractors and to be honest no one noticed any real difference in the running of the IT department and it contributed towards a £2m saving.

[Lance]

NI also observe that departments are increasingly paranoid about getting the IR35 status determination wrong and keep changing their processes, which can mean uncertainty at extension time, including having some down-time while they make up their mind (again).

not making a decision in the PS will NOT get you fired....

[dsc]

[...]Why do you ask? There's more to this than just your questions, so maybe provide some information???

To me it sounds like they are trying to cut the OP after two years and the OP is trying to fight this decision.

[Lance]

To me it sounds like they are trying to cut the OP after two years and the OP is trying to fight this decision.

that's what I thought, but it's an assumption.... I have had PS extend beyond 2 years against their own policy by being needed for some project work. In that case it is a good opportunity to try and go direct if you can get on the PSL (need to get on well with procurement and find out what frameworks they use).

[northernladuk]

Depends on what framework you've come in on. I must admit I can't remember which I was on but I've done two outside stints with the same Gov dept and in both cases I had to leave when I hit two years. Tried everything to get around it, even coming in via small consultancy on a different framework but they didn't want to know.

So I see a lot of comments above saying there isn't one but my experience there can be a very hard stop at two years depending on how you've been engaged.

Chance of going direct via PSL to get around the two year rule are absolutely nil IMO.

Ask the client, agent, client manager and try to get to the bottom of it as there is a possibility there is a two year hard stop.

[Lance]

Depends on what framework you've come in on. I must admit I can't remember which I was on but I've done two outside stints with the same Gov dept and in both cases I had to leave when I hit two years. Tried everything to get around it, even coming in via small consultancy on a different framework but they didn't want to know.

So I see a lot of comments above saying there isn't one but my experience there can be a very hard stop at two years depending on how you've been engaged.

Chance of going direct via PSL to get around the two year rule are absolutely nil IMO.

Ask the client, agent, client manager and try to get to the bottom of it as there is a possibility there is a two year hard stop.

not nil..... But very low.... And I was migrating them to Teams, during a pandemic, when the 2 years came up.

[eek]

not nil..... But very low.... And I was migrating them to Teams, during a pandemic, when the 2 years came up.

And based on that task and timing that is the very definition of keep the current guy in place come what may (i.e. without being an essential task at the time of a pandemic you haven't got a chance)..