Can my client change my role mid-contract? Awkward feeling Newbie :)

**vetran** · 2 October 2012, 22:21

new work, new work so good they asked it twice

where is the Saturday night fever smilie? I want a yellow bubble doing a Travolta point to the sky, oi Admin!

**northernladuk** · 2 October 2012, 22:34

Originally posted by BigRich View Post

Hi All

Not posted much but do like reading the helpful advice on here and now have my first contractor issue which I hope I can get some guidance on from the seasoned membership

...

After 3mths of a contract providing PMO Support to a Perm PMO Lead on a major programme for the client, my client has "approached" me stating the Perm PMO Lead is moving into a PM role and they would like me to "step-up" to the PMO Lead role which includes overseeing 2 Perm PMO Support who currently report into the Perm PMO Lead.

Sounds like they just see you as a resource and are happy to direct and control you as they see fit.

I have voiced my concerns as this is not the role I was brought in to do and the client is fully aware a new Contract PMO Lead would cost them somewhat more than my rate but they are not able to bring one in at present due to company restrictions.

Why would he be more than your rate? He would be doing your role? Something not right here.

I feel very awkward at present as do not wish to fall out with the client but additionally do want to impact my professional reputation by delivering a service that may not be upto standard against what I was initially contracted to do...please help

I do have some history with the client in that I have worked for them in the past as a perm in a similar role to my current contract role and feel that this may well be to my disadvantage at present as they seem to be thinking of the change in terms of a perm rather than me as a contracted service provider....

Ahhhhh now we come down to it. That explains a lot. It appears as you were perm before they are just treating you as they did before. It appears they are treating you and your role as a perm still so I would say you fall firmly inside IR35. The fact you worked there as a permie counts against you as well. Very difficult to look like and be treated like a contractor in that situation and HMRC know it.

From what you have said here it looks to me like you are inside IR35 but if you are willing to risk carrying on as such you could ask your client to give you notice on the existing contract and draw up a new one with your new role on it and start again. Not sure if it would make much difference to IR35 though, about as transparent as it comes this and won't be hard for them to prove it is just a paperwork exercise covering D&C

You could just claim inside IR35, run your finances as such and then just do as the client wishes counting down to the day you can leave and get a proper contract.

Contracting doing the same job at the same client you were perm with is such a bad idea. It's hardly contracting. More like just a different way to get paid.

**SimonMac** · 2 October 2012, 22:59

If you would have searched you would find that this has been asked before

http://forums.contractoruk.com/gener...ng-newbie.html

**NotAllThere** · 3 October 2012, 05:03

Moved from General.

**mudskipper** · 3 October 2012, 06:19

On the plus side, PMO Lead will make you a lot more marketable (and rich) in future contracts.

**Wanderer** · 3 October 2012, 07:11

Originally posted by BigRich View Post

I do have some history with the client in that I have worked for them in the past as a perm in a similar role to my current contract role and feel that this may well be to my disadvantage at present as they seem to be thinking of the change in terms of a perm rather than me as a contracted service provider....

A question from HMRC's IR35 Guidance:

Has the current end client engaged you:
on PAYE employment terms

within the 12 months which ended on the last 31 March

with no major changes to your working arrangements?

If you are doing the same work, the answer to this question is Yes.
Working at a different location does not count as a major change.

If you answer yes to this question then you are probably IR35 caught. In any case, if you were previously on PAYE with the client then you are going to have a tough time arranging your business outside IR35.

In this situation I would say go right ahead and take the new position under the existing contract because it doesn't matter if you are under their direction and control or not.

**SarahL2012** · 3 October 2012, 07:53

Originally posted by BigRich View Post

I have voiced my concerns as this is not the role I was brought in to do and the client is fully aware a new Contract PMO Lead would cost them somewhat more than my rate but they are not able to bring one in at present due to company restrictions.

...

I've had a client try to give me a completely different project 3 days into the original one. They were a business that were full of contractors that were quasi permies and were a bit surprised that I didn't role over and just say yes. Instead I drafted them a new schedule of services and said how much my rate would be to deliver the new project.

If they're offering you the lead role then I think its really important that you don't do it for the same rate as the more junior role. Only permanent employees step into more challenging roles for the same cash on the basis that it is 'career development' - you're offering a service and there is a rate attached to that.

**BigRich** · 3 October 2012, 19:36

Thanks all for the varied responses - some of which I was expecting

just what I was after & much appreciated

Can my client change my role mid-contract? Awkward feeling Newbie :)