Stipulation on the work I am doing during my contract.

[rosshuts]

That's great thanks for all your help. As much as I would like to stay in hope that the Citrix project work will come through I just can't see it happening anytime soon. Had the client actually been upfront with me in the first place for the renewal and stated there would be other tasks required until the Citrix work properly starts it wouldn't have been so bad.

Seems crazy that I would move on with a 7 month renewal in place but worried that at the end of the entire contract (started in Jan 2017) that I won't have anything decent to show for it from a skills point of view and would be concerned about where to come for my next contract.

Clearly the client won't get about that side of things as that is purely my own issue and basically either suck it up and stay or move on to something that could be bigger and better!

Thanks again!

[WordIsBond]

The OP works for a local authority - public sector. So it’s not his/her responsibility to determine IR35 status. If the LA is treating him/her as a temp then surely that’s their problem and their potential penalties.

Exactly. The legal liability lies with the fee payer. That, I guess, is the agent who doesn't care about all this. OP should consider shopping himself to HMRC just to see the agent squirm.

I'd still be carrying my own diligence regardless. The results may also go towards sorting his situation out if it raises questions between their decision and the reality.

Yes, but he HAS. He got a contract review.

Honestly, he's immune on this one. For him to have trouble he'd have to be found to have been intentionally blowing off IR35 knowing he was inside. How can they prove that he knew or should have known he was inside, if he has a contract review saying he's outside AND the LA has said he's outside?

This is not the BBC telling someone they should be ok. This is a case of the legislation putting the liability on the fee-payer.

OP, you said "the responsibility lies with me". Actually, it doesn't, not anymore.

I'm not advocating you stay. In your place, I'd probably be looking for another contract, but unless you have deep pockets, I probably wouldn't jump until I had something in place. If your contract allows you to send in a substitute, you're in good shape once you find a new one. Just give notice and tell them you'll be sending in a substitute to work out the notice.

But IR35 is not part of the problem unless/until they make a different determination. Your contract says you are ok and you've had it reviewed, they've said you are ok, and the legislation puts the liability elsewhere. If you hate the situation, move on. But not because of IR35.

[TheCyclingProgrammer]

That's a good point and should have mentioned that. The contract is outside of IR35 which is something I am grateful for

Public authority, loosely defined scope. It doesn't sound like it is.

Having said that, I assume that if the LA has made the determination that it's outside IR35, it's nothing you have to worry about.

[northernladuk]

Nothing wrong with a month really. Zero is better but I wouldnt worry about yours. They can just withdraw the work and stop paying you on the spot anyway so pretty irrelevant.

[rosshuts]

I think its a valid point in that I have been deemed outside IR35 but I have a strong feeling that I am not. Based on the BAU work and the fact that I am doing the work of a permanent person who has since left and authority is unable to replace due to many factors including salaries. The authority are conducting a review so they have agreed to hold off finding a replacement which also rides on reviews taking place higher up the corporate structure.

The responsibility lies with me from an IR35 point of view and of course the agency claim I have nothing to worry about but wouldn't expect them to say otherwise.

The fact that I am not really doing the work I signed up to do both legally and from a professional and personal point of view I thinking very hard about calling it a day.

Another issue that seems questionable to me is my notice period which is 1 month either side which is too much like a permanent contract. I would like the contract to be rewritten to reduce the notice to 1 week but the agency claim its there to protect the client from "contract hoppers" and also the contractor. I ran the contract through my accountant (Clever Accounts) for IR35 reasons and they said there was nothing wrong with a 4 week notice period for a contractor.

I have only ever contracted with this agency during my 4 years as an IT contractor and have only been subjected to a 1 month contract which is very odd.

[Lance]

The OP works for a local authority - public sector. So it’s not his/her responsibility to determine IR35 status. If the LA is treating him/her as a temp then surely that’s their problem and their potential penalties.

I think this is correct.

However it’s not been tested in court yet.
Consider that the contract is outside but the contractor knows full well that the working practises means it should be inside but the client is responsible.
Does the contractor have a duty of care to inform the client that their determination is wrong? Or should the contractor insist in adhering to correct working practises?
If an IR35 case is brought, and lost, could the client argue that the contractor was wilfully working inside and that it’s not their responsibility?
I don’t know. It seems unlikely.

[northernladuk]

The OP works for a local authority - public sector. So it’s not his/her responsibility to determine IR35 status. If the LA is treating him/her as a temp then surely that’s their problem and their potential penalties.

I'd still be carrying my own diligence regardless. The results may also go towards sorting his situation out if it raises questions between their decision and the reality.

I'm sure Christa Ackroyd wishes she'd done her own diligence now rather than relying on someone else.

But yes you are right.

[supersteamer]

The OP works for a local authority - public sector. So it’s not his/her responsibility to determine IR35 status. If the LA is treating him/her as a temp then surely that’s their problem and their potential penalties.

[northernladuk]

What was the result of the check? Did you tell the reviewer the actual situation and that you are doing any work the client asks in a BAU environment. Not sure how they can say outside to that.

[NotAllThere]

... any other duties that are deemed reasonable by the customer.

That screams "contract of service"- a strong indicator of being inside IR35.

I gather this term is not in your new contract, which is why you get an IR35 pass. But since your customer is nonetheless behaving as thought the term is still there, you could easily get nobbled on working practices.

You either suck it up and put money aside in case of an IR35 investigation, or you tell the customer/agency that the work they're wanting you to do isn't in the scope of your current contract. If they want you to do it, then they must renegotiate your contract. Of course, they may just terminate you.

The general attitude from the agency is what's the problem,

Yes, and they've probably said that no-one else has ever complained. The thing is it's you who has the liability - and it's you who is being deskilled.

[rosshuts]

I literally had the contract checked for IR35 last week as I am getting increasingly concerned and was still classed as "outside" IR35. The general attitude from the agency is what's the problem, I have a long contract renewal and so I should be happy. I don't think the client will be best pleased either, especially with the resources they have here which sort of explains why I am doing "other" duties.

I guess if I was doing decent/useful 3rd line related BAU work or just some other project related work I wouldn't mind. As it stands I am doing BAU (un-related to Citrix) as well as PSN compliance for the authority which requires a huge amount of remediation work. Of course all the PSN Compliance work is in no way related to what my contract scope dictates..

[northernladuk]

any other duties that are deemed reasonable by the customer.

I don't like that at all. I've had that in permie contracts as well.

Have you had the contract checked for IR35? You could do with it doing again and with working practices included as well. You just sound like part and parcel now, well under D&C.

P. S. Its not a job.

[rosshuts]

That's a good point and should have mentioned that. The contract is outside of IR35 which is something I am grateful for and the rate is OK, could probably get another £50 per day if I left for another contract that either was or wasn't Citrix related contract.

[TheCyclingProgrammer]

I'm assuming this is within IR35 - is the rate worth it?

[rosshuts]

Dear Fellow Contractors.

I wonder if you can help me, I am a IT Contractor working for a local authority in the South West. My current contract (which is running from Jan 2018 to March 2018) and my renewal contract (April 2018 to October 2018) has a defined scope or deliverable based on a Citrix Migration and Supported the old Citrix platform whilst the migration work is complete.

In my previous renewals with this authority the scope wasn't so black and white in that it did have other duties and one important one being any other duties that are deemed reasonable by the customer.

I am getting a little despondent at the moment as I am NOT doing any real Citrix based duties including your standard BAU calls around the old environment. As it stands the building of new platform is on hold for various reasons which I do understand and may take some time.

I guess my predicament is that although I am still doing IT work although not related to the Citrix technologies that I love and want/trying to specialize in, I am working on patching of servers that are not related to any Citrix platforms either new or current/old and basically I literally didn't "sign up for this"....

Where exactly do I stand, I am tempted to call the agency that arranged this contract and the renewals but I don't really want to affect the "status quo" and rock the boat.

Also to be very clear, I am not wanting to sound like a contractor diva and seems to be throwing his toys out of the pram because I am not getting his own way. I appreciate the contract and the money etc. but I just feel I am not getting any benefits from the tasks am I working on especially when I am contracted to deliver a new Citrix VDI platform and migrate users to it..

Has anyone been in this scenario before, I have been contracting for over 4 years now and am I just been selfish and should just "suck it up" and get on with the contract regardless as a job is a job at the end of the day?

Any help would be greatly appreciated and go easy especially as this is my first time posting....

Regards,

Rosshuts...