Individual personalities shaping 'working practices'

[eek]

For me it would be more about whether I could put up with the guy personally rather than IR35.

Yeh fair enough think about this at renewal time when weighing up your options.

But remember, contract where you get caught for IR35 (however slim the chance may be) still pays better than the zero you get on the bench because you flounced out.

+1 I agree with an entire PC post.... Help.....

[psychocandy]

For me it would be more about whether I could put up with the guy personally rather than IR35.

Yeh fair enough think about this at renewal time when weighing up your options.

But remember, contract where you get caught for IR35 (however slim the chance may be) still pays better than the zero you get on the bench because you flounced out.

[jamesbrown]

Walking out of a contract because of an individual personality (who seems to be progressing well).

And your concrete advice is to "crack on and don't overthink it"? Good luck to you but, let's be honest, anyone who works in this way is not operating as an independent contractor. Not that there's anything wrong with that, providing you accept it and account for it properly. It isn't why I got into contracting but YMMV.

[oscarose]

Walking out of a contract because of an individual personality (who seems to be progressing well).

[BrilloPad]

Are you on my team

Its a frigging circus here - just keep billing and spoonfeeding the babies - who cares.

Spoonfeeding or making them cry?

I agree about invoicing....

[jamesbrown]

I'm not convinced it'd be a material breach of contract, just annoying as ****!

Sure, it depends entirely on your contract. It would be a material breach of any of my contracts, as they all demand complete discretion about how everything is implemented (as well as when and where, after the what has been negotiated upfront). As I said, though, it depends on what you're used to; there may be an inherently higher level of D&C in some areas, but dictating implementation at a fine level would be totally out of the question AFAIC and, as I said, I cannot envisage a more emphatic example of SD&C.

[jmo21]

Yes, really. I guess it depends what you're used to but, yes, I wouldn't put up with that, and it would be a material breach of contract, i.e. dictating how a solution was implemented in the finest detail. That is the most emphatic example of D&C I could envisage. There are, of course, less dramatic ways, such as pointing out to the agency that you're likely under the SD&C of their client. I can't see that working out too well. The client isn't going to change the PM, and the PM isn't likely to change their personality. So the only realistic, less dramatic, thing the OP could do is to bury their head and put up with it.

I'm not convinced it'd be a material breach of contract, just annoying as ****!

[jamesbrown]

Really? Seems OTT to my mind, and am sure there are other, less dramatic, ways of dealing/managing the situation.

Yes, really. I guess it depends what you're used to but, yes, I wouldn't put up with that, and it would be a material breach of contract, i.e. dictating how a solution was implemented in the finest detail. That is the most emphatic example of D&C I could envisage. There are, of course, less dramatic ways, such as pointing out to the agency that you're likely under the SD&C of their client. I can't see that working out too well. The client isn't going to change the PM, and the PM isn't likely to change their personality. So the only realistic, less dramatic, thing the OP could do is to bury their head and put up with it.

[SteelyDan]

More generally, yes, I'd walk ASAP

Really? Seems OTT to my mind, and am sure there are other, less dramatic, ways of dealing/managing the situation.

[SteelyDan]

Just crack on I'd suggest - don't over think it.

+1

[jamesbrown]

Yes, this is squarely D&C, so you'd need a clear lack of MoO or RoS (but even then, you'd be on very shaky ground). The working practices determine status; whether you'll get caught is another matter (who knows, but don't expect the client to hide anything for you). More generally, yes, I'd walk ASAP, primarily because I wouldn't put up with that level of D&C, regardless of IR35. Alternatively, you could bury your head in the sand with the other temp-o-tractors and keep invoicing

[Dallas]

Are you on my team

Its a frigging circus here - just keep billing and spoonfeeding the babies - who cares.

[oscarose]

It is was it is.

Just crack on I'd suggest - don't over think it.

[jmo21]

I'm not sure I could be bothered with that type of BS whether it affected my IR35 status or not.

[7specialgems]

I'm about a month into a new gig working in a very small scrum development team, and the lead developer is treading that line where you don't know if they've got aspergers or if they're just an anchor.

With his demeanour comes:

1) Micromanagement
2) Preaching and tutoring (not asked for and not needed for what its worth)
3) Being unable to see that there are often multiple ways to solve a problem
4) Basically specifying how a solution will be implemented right down into low level detail, and sitting with you to make sure it is done his way.

I've checked with other contractors on site and verified that their experiences are consistent.

These scream 'working practices IR35 failure' to me.

IYO, does this individual's personality really matter, say for example as far as HMRC interview of the client would be concerned? (I assume that such an interview would be held with a client rep at a higher level than said developer chap).

Would you stick it out and not renew? Would you leave immediately?

By all accounts, the guy has recently been promoted and has left a wake of evidence that he will never be able to delegate responsibility or put his textbooks down.