Contract change?

[girlfriday]

Say, for example, you are in the midst of a contract and the management implements a change mid-contract so your client has come to you saying "right now you're doing X, Y and Z for project A, but now we're changing the way we want you to work, so now you'll be doing X for projects A,B,C and D.

This feels like a new contract to me, thoughts?

[Kanye]

Depends on the scope and written detail of the first contract...

[quackhandle]

Would have thought this goes against D&C.

qh

[girlfriday]

Contract is vague, stating a job title but no deliverables.

[quackhandle]

I'd get those deliverables hammered out put in stone, etc or walk away.

NLUK will be along in a bit to put you right.

qh

[Wanderer]

Say, for example, you are in the midst of a contract and the management implements a change mid-contract so your client has come to you saying "right now you're doing X, Y and Z for project A, but now we're changing the way we want you to work, so now you'll be doing X for projects A,B,C and D.

I'm sure the IR35 karma police will come along in a minute to say that you should get all arsey with the client about it but I'd just quietly get on with the job. Keep calm and carry on invoicing...

[northernladuk]

Would have thought this goes against D&C.

qh

Interesting one this. The fact that project A is still included in the new piece of work is about the only saving grace here. You could argue that this is an expansion of work, after all, a business would be trying to get it's teeth in to new projects. The problem is the client is telling you to do this which is where D&C come up.

Best bet I reckon would be to try get the client to give you notice on the old contract and then start under a new contract with all the extra responsibilities clearly defined. You could also attempt to keep the current contract running for project A and get a parallel contract for the extra work. This is assuming your responsibilites on A haven't changed away from contracted deliverables. The very worst thing you can do is nothing. I don't think an amendment to your current contract is enough either personally.

Doing this once or twice might be ok but looks a total sham if continues to happen and at the end of the day it is working practice that matters. If the client sees you as a resource he can chop and change as he sees fit and is flexible enough to slot in to any plans he may have (like the permies) then really you are knackered. Whatever your contract says the client is D&C'ing you which is bad.

Did you get your original contract reviewed? Do you have IR35 insurance?

Remember, if you are being treated as, and are doing the same as the permies you are in a very difficult IR35 situtation.

Don't forget, whatever you end up doing, to tell them your rate will increase to cover extra responsibilities.

[northernladuk]

Contract is vague, stating a job title but no deliverables.

Didn't see this... You could be pretty screwed. Fix it quick or start accounting for inside IR35 and look for another gig.

Is it a job title AND the project you are working on? Or just a job title. Could it be argued this looks like a permie position?

[northernladuk]

Oh bugger... Are you still with an Umbrella? Assumed you weren't but looking at your posting history you have been in the past so would make a big difference to the IR35 issue.

[SueEllen]

Oh bugger... Are you still with an Umbrella? Assumed you weren't but looking at your posting history you have been in the past so would make a big difference to the IR35 issue.

Posters who don't reveal the full facts of their status are a pain.

OP if you are with an umbrella it doesn't matter if your role has changed. However if you are limited then you should have deliverables and be assigned to particular project(s). If the client then wants to change this they should change your contract.