For the last year+ I have been providing consultancy for a client on a couple of related products. Basically advising their end-clients, who are numerous, on implementation strategies, gotchas, looking at what they're doing and telling them where they're going wrong, how they could optimise.
To that end I keep myself certified in the product and related products, do a bunch of training which I pay for myself, keep up-to-date. Hitherto this has been extremely freeform, very little D&C -- 'here's a bunch of clients, please advise them well according to best practices' etc. It would be utterly ideal for substitution, bar some very draconian non-compete clauses.
But quite out of the blue the PM has suddenly decided that he wants to hear what exact steps I am taking, ideally on a daily basis, to keep myself up-to-speed and ensure that the advice I'm handing out is solid.
He's fairly reasonable and open to negotiation, from past experience, so I can just say, 'that isn't in my contract'. At the same time, I am obviously taking daily measures to keep myself informed on the product. I just don't want that to be directed and controlled from the client side, just as it has not been for the last year or so.
As often with IR35 it boils down to semantics. Anyone have any advice for this? One option might be to say, 'I'm happy for you to recommend that I keep up-to-date and learn things daily, but I will keep control of that myself'.
To that end I keep myself certified in the product and related products, do a bunch of training which I pay for myself, keep up-to-date. Hitherto this has been extremely freeform, very little D&C -- 'here's a bunch of clients, please advise them well according to best practices' etc. It would be utterly ideal for substitution, bar some very draconian non-compete clauses.
But quite out of the blue the PM has suddenly decided that he wants to hear what exact steps I am taking, ideally on a daily basis, to keep myself up-to-speed and ensure that the advice I'm handing out is solid.
He's fairly reasonable and open to negotiation, from past experience, so I can just say, 'that isn't in my contract'. At the same time, I am obviously taking daily measures to keep myself informed on the product. I just don't want that to be directed and controlled from the client side, just as it has not been for the last year or so.
As often with IR35 it boils down to semantics. Anyone have any advice for this? One option might be to say, 'I'm happy for you to recommend that I keep up-to-date and learn things daily, but I will keep control of that myself'.
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