Outside IR35 &interviewing potential employees

[ttgreen987]

Hi,

I am currently engaged on an outside IR35 contract and have been asked by my client to take part in interviewing for a new employee. I am concerned that this would not be compliant with an outside IR35 contract, but I’m not sure. I’ve worked with the client for a few years and would like to be helpful, but don’t want to put myself at risk. My instinct is that I shouldn’t do anything that I have any doubts about.

Has anyone else experienced something similar?

Many thanks,

T

[vwdan]

Like anything IR35, it's not black and white. I don't see that there is anything inherent about interviewing that points to you being Inside IR35 - it may be an indicator that you've become part and parcel, but it's not going to make or break the question alone.

I've interviewed a few times, though normally for my own replacement

My advice - think carefully about how you stand currently. If you're confident this is clearly an outside IR35 role in practice, then I wouldn't worry about it.

[hobnob]

I agree with vwdan that this task isn't inherently inside IR35. However, I'm guessing that this isn't part of the scope of work that you agreed to at the start of the contract.

I think the question then becomes how significant it is. E.g. if someone turned up for interview a bit early, and the person they needed to meet wasn't available, I don't think there would be any problem with you going down to reception to meet them. On the other hand, if the whole process could take up several days of billable time, that suggests that the client is treating you like an employee who they can re-assign to different tasks at will.

[jamesbrown]

In itself, it doesn't necessarily mean much if you have particular expertise that you are contracted to provide and this interview relies on it.

On the other hand, from what you've written, I would strongly suggest you take a long hard look at this relationship, possibly with independent advice, to see whether it remains outside IR35. The hypothetical contract can easily move from outside to inside over a long period of time as the lines become blurred (length of contract in itself, is irrelevant, but it can be correlated with things that are relevant). I assume it is Ch. 10, but that doesn't mean you're in the clear in terms of liability, BTW.

[Ketto]

I’d say no, “sorry i’m external so can’t be involved in employee recruitment processes etc.”

[b0redom]

Personally I don't see it as a problem. You were hired as an expert consultancy. There's no reason you can't/shouldn't apply those skills as part of your service to deliver whatever you're contracted to deliver.

If you had a builder onsite and needed a sparky to do some stuff, you'd reasonably assume the builder would have more technical skills to be able to judge if the sparky knew wtf they were doing as they likely have some domain knowledge.

As long as it's incidental, and you're not spending days interviewing I'd have thought you were OK.

[avonleigh]

I have interviewed before and never had an issue with it. As others have said this alone would not put you inside IR35. On the flip side, if you refuse it could annoy your manager and see you as being awkward. All depends on what your manager is like though. Never can tell.