"Supervision, Direction, or Control" vs contractual law

[northernladuk]

So they want to use MS Access and you want to use a proper database, or something similar?

Or is it a methodology issue?

Either of those are my guess and I doubt it is anything to really do with SDC.

[Highland]

It could be construed as within the services I am contractually obliged to provide. But my contract also states no supervision, direction or control by the client. They are specifying how I deliver. They hired me for my expertise, not to deliver crap work. I've got better things to be doing with my time, paid or unpaid.



Fair enough, but do you think they are breaching the SDC term and hence I have grounds to walk (no notice)?

Blimey, so complicated.

If you want to leave just give your notice and be unavailable for any work during said notice period due to personal reasons. They can't force you to do anything.

I'm sure the client will just get a replacement and everyone will be happier.

[Lance]

Fair enough, but do you think they are breaching the SDC term and hence I have grounds to walk (no notice)?

If you want to walk why not just self-isolate?
At the end of the day there is no slave trade. They can't make you work. They worst they can do is withhold payment.
If you don't want to do something they are askling you to that's extra, just say no. They might bin you on the spot but that's the way it is.

[jayn200]

Unless you have something else lined up i would just continue on with the work. It's not really the time to go out to the market. Probably the worst time it's been for a while. Any postings for contracts you see right now are most likely fake, I wouldn't trust that there are any live contract jobs right now.

I don't really get why you would be unwilling to work with certain technologies. This has never been an issue with me. I clearly and accurately state for the client what I am competent with, if they want me to carry out work in another technology I would clearly state I do not have knowledge or competency in that area. If they insist then I would still deliver the product using that technology it would just mean me taking an extra few days, weeks, or rarely months to deliver whatever it is. As long as you have been up front with the client the entire time and they are willing to keep giving you work knowing you will deliver at a slower pace I really don't see the issue.

With regards to the whole IR35 crap. Real consultancies take contracts with work outside the capabilities of their consultants all the freaking time. They expect the consultants to learn on the job and all that time spent learning new technologies is billable.

If this is an issue with you just not wanting to deal with outdated legacy software or technology that just isn't suited for the purpose your client wants to use it for. I still think you should just suck it up, it's just not the time to be out of a contract right now.

[LondonManc]

It could be construed as within the services I am contractually obliged to provide. But my contract also states no supervision, direction or control by the client. They are specifying how I deliver. They hired me for my expertise, not to deliver crap work. I've got better things to be doing with my time, paid or unpaid.



Fair enough, but do you think they are breaching the SDC term and hence I have grounds to walk (no notice)?

So they want to use MS Access and you want to use a proper database, or something similar?

Or is it a methodology issue?

[jolly fellopian]

Are you sure these are not in the remit of the original contract

It could be construed as within the services I am contractually obliged to provide. But my contract also states no supervision, direction or control by the client. They are specifying how I deliver. They hired me for my expertise, not to deliver crap work. I've got better things to be doing with my time, paid or unpaid.

Your IR35 status has got sweet f*** all to do with your client..

Fair enough, but do you think they are breaching the SDC term and hence I have grounds to walk (no notice)?

[hairymouse]

I take it you have another contract lined up at a better rate and looking for an escape plan ?


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You'd better. It's no joke being on the bench these days. I miss the days of simply worrying because the pimps weren't calling. Now the pimps aren't calling, the whole family is at home all day and there's a zombie apocalypse outside.
Seriously, do whatever the hell the client asks as long as you can keep invoicing.

[LondonManc]

I take it you have another contract lined up at a better rate and looking for an escape plan ?


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Either this or fully story please.

[GhostofTarbera]

Hi,

I believe as a ltd company contractor outside IR35, I am obliged to not carry out tasks that would breach "Supervision, Direction and Control" arrangements.

If I am being required to implement technologies that I have stated I do not want to work with, would I be within my rights to walk without working the contractual notice-period, citing that to do so would risk breaching the IR35 statute? I am aware the existence of a notice period (which is the same length for both parties) is an IR35 no-no but let's treat that as a separate matter for the moment. You may also think now is not the best time to be out of contract, but let's assume these are normal times (and you have no idea how awful the stuff is they are asking me to do is).

Many thanks

I take it you have another contract lined up at a better rate and looking for an escape plan ?


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[Lance]

Hi,

I believe as a ltd company contractor outside IR35, I am obliged to not carry out tasks that would breach "Supervision, Direction and Control" arrangements.

If I am being required to implement technologies that I have stated I do not want to work with, would I be within my rights to walk without working the contractual notice-period, citing that to do so would risk breaching the IR35 statute? I am aware the existence of a notice period (which is the same length for both parties) is an IR35 no-no but let's treat that as a separate matter for the moment. You may also think now is not the best time to be out of contract, but let's assume these are normal times (and you have no idea how awful the stuff is they are asking me to do is).

Many thanks

Agree with what the others have said but also draw your attention to the highlighted bit.
Your IR35 status has got sweet f*** all to do with your client. If you want to flounce then simply say it's not part of your contracted deliverables and on that basis not something you will be able to do under the current contract.

[northernladuk]

Not really. They ask you to do something and you say you can't but if you want to draw up another contract covering deliverables of the new task I'll be happy to provide my services.

Do not want to and awful? Are you sure these are not in the remit of the original contract and you just want to flounce? Or is it clearly a new piece of work? If it truly is new you can refuse to do it but I'd have thought they would have either backed down or walked you well before you get the chance.

If they think they can give you this work as they see fit then I'd question your original assumption you are outside. The client wants to have SDC over you then the contract is inside. The fact you have to fight this off doesn't make you outside.

[ladymuck]

So your client has a technology standard and you're refusing to use it and put in something that doesn't meet their strategic technology requirements?

[jolly fellopian]

Hi,

I believe as a ltd company contractor outside IR35, I am obliged to not carry out tasks that would breach "Supervision, Direction and Control" arrangements.

If I am being required to implement technologies that I have stated I do not want to work with, would I be within my rights to walk without working the contractual notice-period, citing that to do so would risk breaching the IR35 statute? I am aware the existence of a notice period (which is the same length for both parties) is an IR35 no-no but let's treat that as a separate matter for the moment. You may also think now is not the best time to be out of contract, but let's assume these are normal times (and you have no idea how awful the stuff is they are asking me to do is).

Many thanks