Subcontracting Question

**stillooking** · 9 August 2010, 09:11

Originally posted by AnthonyQuinn View Post

There are many experienced contractors on this forum who have seen it all. But thas is one which might be new to the most wizened.

I have accepted a six month contract to provide maternity cover for an employee at this client in Scotland.I am really struggling as the person who I am replacing is outstanding and the rest of the team were heaviliy dependant on her.Its unfair to expect a newcomer to priovide even 70% of the cover that she was providing.

I am thinking of proposing that she works 2 days a week from home FOR ME to help me through the first couple of months. She can choose the days and times and I will simply give her 2 days' wages each week. I dont know if she will agree. But hopefully she should.

I will ask her to give me an invoice rather than do anything mroe technical than that.

In your view
1. Does the above proposal make sense?
2. Should I teel the client about this?
3. Any legal pitfalls?

Views very welcome.

If this is a genuine situation, then it could make sense, this would depend on the level of trust that you share with the permie and whether she would be willing to get involved. I'd be surprised if she doesn't tell somebody at the clients though and the client may not like it for a variety of reasons.

**northernladuk** · 9 August 2010, 09:28

This seems to be a really extreme approach to what is a pretty common situation. When you say it is not fair to be able to fill her boots then I am sure the client knows this. A contractor can't fill anyone's boots for the first month at least, let alone someone who the team depends on. What kind of pressure are they putting you under. Can you not set expectations? It is up to the client manager to deal with this one surely. If he has mis-managed it to get in to this situation he has to accept the blame and manage a solution to it. If this means accepting you can only provide cover and he has to re-align the team to become independant of one person then so be it. To be honest you will be doing him a favour highlighting this problem and letting him fix it once and for all. Point out the situation he will be in if he allows this to continue and she refuses to come back.

I would be very unhappy as a client for your arrangement. She is employed by the client to do her job but is on maternity leave. To be paid by you, to do the job she is employed to do is not going to go down well. The client will effectively be paying you to replace her but have her do the work. I would question why I am employing you if you are showing an inability to do what you are paid for. Harsh I know and your line manager my not argue but the finance guys will.

You are making a huge assumption that a new monther who is run off her feet and wants to enjoy precious time with their new born will want to cover your incompetance (sorry for the harsh wording but you have to see it from the permie side at worst case). If she calls the client and claims you are not up to it you are surely signing your own notice off?

I would be very careful here. They could finish you and get someone in that will just nut up and ride it through without getting the permie you are covering to do your job.

Ok I have given you a dim view of it. They may think it is a great idea and everyone is happy all round but I just have a funny feeling that isn't the case.

Can you give us more of an idea of the atmosphere there. Are they going to sack you for not being able to do it? Is it just causing a bit of stress and hassle in the work place? Is the situation so bad that you have to resort to this or can you just grow broad shoulders and keep billing?

Whatever you do you MUST tell the client. If you attempt to pay the permie to do your job and sneak it through it will reflect very poorly on you.

**northernladuk** · 9 August 2010, 09:40

Ok, there is another issue. It appears that she can do 10 days KIT (keeping in touch) which you can see here...

Linky

Link 2

With the complexities of only these 10 days not affecting maternity status and company payroll having to be involved I would think the chances of the company letting you wade in to her are absoutely nil and of her jeapodising her maternity leave by accident are even less.

Doesn't look like this one is going to fly.

**AnthonyQuinn** · 12 August 2010, 14:28

Thanks a lot

before posting this question I was convinced that it was win win for everyone including the client. Now due to your informed advice i know better. This demonstrates the value of this forum to me even more.

Subcontracting Question