Change of role

[amorts]

Hi All,

Working for a client for the 2nd time. I've been here for 7 months so far.

The role I was brought into to undertake was "SQL Server Developer" working on a project. In the absence of a Project manager I was verbally informed I would have to pick up these duties in the interim so didn't question it right there and then.

However, over time my role has changed to the point that I am effectively doing the same role as a project manager. My name appears on internal reports that I am project manager and there is a very similar project being run that has a Developer, Business Analyst and Project Manager all assigned to it.

I am concerned from an IR35 prospective and plan to raise this with the client. Does anyone else have any similar experiences they can share or general advice?

[MyUserName]

No experience but my advice would be to be afraid ... be very afraid.

See if you can get your contract updated or just leave, morphing from one role into another and thus out of your original contracted position is a massive IR35 red flag.

[Gentile]

Hi All,

Working for a client for the 2nd time. I've been here for 7 months so far.

The role I was brought into to undertake was "SQL Server Developer" working on a project. In the absence of a Project manager I was verbally informed I would have to pick up these duties in the interim so didn't question it right there and then.

However, over time my role has changed to the point that I am effectively doing the same role as a project manager. My name appears on internal reports that I am project manager and there is a very similar project being run that has a Developer, Business Analyst and Project Manager all assigned to it.

I am concerned from an IR35 prospective and plan to raise this with the client. Does anyone else have any similar experiences they can share or general advice?

My contracts always just say "consultant". That leaves ample scope for whether they want me to use my technical experience, management/mentoring experience, or both, over the course of delivering a given project. As long as the project itself is well-defined, that's the main thing. Titles are just meaningless labels after that: I'm there to get a project done on behalf of MyCo, not to further my personal career.

If your contract is too pinned down, by all means change the wording of the schedule to reflect the service you're actually providing. If you're not asking for more money, I can't see why they would object.

[amorts]

Update: My contract actually doesn't state a role title. The offer of contract email from the agent is the only thing I have which denotes the role I should be undertaking.

I am not sure if this works to my advantage. Looking at the "Mutuality of Obligation" clause I should ensure the work I am undertaking for the client is documented so that it does not appear that I am simply taking on all work the client puts your way.

[IR35FanClub]

Hi All,

Working for a client for the 2nd time. I've been here for 7 months so far.

The role I was brought into to undertake was "SQL Server Developer" working on a project. In the absence of a Project manager I was verbally informed I would have to pick up these duties in the interim so didn't question it right there and then.

However, over time my role has changed to the point that I am effectively doing the same role as a project manager. My name appears on internal reports that I am project manager and there is a very similar project being run that has a Developer, Business Analyst and Project Manager all assigned to it.

I am concerned from an IR35 prospective and plan to raise this with the client. Does anyone else have any similar experiences they can share or general advice?

To me that sounds good from an IR35 point of view. There is no one telling you what to do - ie supervision or control, and you have all responsibility for delivering the project.

[amorts]

From a personal perspective I was brought in to carry out a technical role and have ended up having to pick up ask the project management tasks for the same rate - not something I necessarily want to be doing.

I have carried on as it was implied this was an interim thing, but I am still doing the same (with no development work) 6 months down the line. With 5 months of a contract to run I plan to ask the client what role they want me to carry out. If this is PM then fine but pay me the market rate, if not then I relinquish all PM work and wait for the development work to start. Do you guys think this is fair?

[cojak]

Yes it's fair. But it's also fair for them to let you go if there isn't any dev work to do.

It works both ways.

[amorts]

Yes it's fair. But it's also fair for them to let you go if there isn't any dev work to do.

It works both ways.

There has always been a fair bit of dev work required which is why I have continued. Unfortunately the hoops I've had to jump through to get closer and closer to the dev work only seem to increase!!

I would be happy to continue doing what I was brought in to do with no project manager work. I don't necessarily want to continue in a project manager capacity for this client, however if they officially recognise this and pay me the going rate for the additional responsibilities then that is different.

I think this is very fair and this is what I will be positioning with them over the next week or so.