Originally posted by Snarf
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https://www.contractoruk.com/forums/...nban-ir35.html
In that thread in my post there is a link to exactly what SDC is.
I do think scrum/agile and all that is a worry. I think it meets SDC on a number of points which makes it a big issue. It doesn't meet all of them and the ones it might are arguable as you can see in that thread.
I would say, however, that SDC was created before agile/scrum so I think the goal posts have moved in the way we work so I don't think the old SDC description is really fit for purpose anymore. The client isn't imposing it, it's the methodolgy. I can see how HMRC would come sniffing if they just have their definition of SDC in their grubby mits bu you can't fail SDC because of good practice in your industry. It's gonna take an argument to resolve it unfortuantely. IMO of course.
They also said that they have the right to re-assign us as they see fit within the company *without our consent or approval* which is just not the case, its in the contract that we have the right to refuse work and there are teams/roles within the company that if they tried to move me to them I'd give notice...
You could try suggesting that you'd be OK doing this with a new SOW and treat it like a new piece of work they want you to consult on but it's a bit of a long shot that holding up with the client stands up in court and argues the toss that you are just another resource to them.
Finally they have said that they would not accept a substitute which fair enough we've never tested this to my knowledge but its in the contract and they said last year that it would be Ok so theyve gone back on that too.
Have I misunderstood what constitutes control? If so how can any development role ever be outside?
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