Reply to: Moving Project At Same ClientCo

[kaiser78]

Thanks for comments all.

I have asked the agent to provide a new schedule to commence from the date when I move over to new project and they have also asked if I would like the project name specifically in the amended schedule. I am guessing this would be a benefit to maintain some distance from client co in terms of d&c but thought would check first.

So should the project be named in the schedule ?

[Taita]

I am also not allowed to park on site (had the car broken into again yesterday) and get fleeced in the staff canteen (cheaper prices for permies).

I reckon I'd be ok as there's a big distinction between perm and tractor at this client co.

Before IR35 most contractors moaned about no parking/canteen etc. rights but this can only be a good thing now. Make up some sarnies and buy an old jalopy preferably old enough not to be taxed at 'green' levels and not require an MOT ........ also helps to set the scene when you ask for a rate increase!

[GB9]

I am also not allowed to park on site (had the car broken into again yesterday) and get fleeced in the staff canteen (cheaper prices for permies).

I reckon I'd be ok as there's a big distinction between perm and tractor at this client co.

Dare we ask who it is?

[Sausage Surprise]

Well it is a fine line. I would say after a few changes and the attitude the client you are an enduring resource to them then you are going to have a fight on your hands to prove otherwise. Yes I agree it shouldn't be like this but HMRC has to draw the line somewhere and the closer you get to that line the harder your fight is. Not saying the cases are not winnable but it does look bad to them.

I am also not allowed to park on site (had the car broken into again yesterday) and get fleeced in the staff canteen (cheaper prices for permies).

I reckon I'd be ok as there's a big distinction between perm and tractor at this client co.

[northernladuk]

Not really, I do this all the time but each contract is for that specific project. Been here nearly 2 years and have had contracts ranging from 6 weeks to 7 months.

Well it is a fine line. I would say after a few changes and the attitude the client you are an enduring resource to them then you are going to have a fight on your hands to prove otherwise. Yes I agree it shouldn't be like this but HMRC has to draw the line somewhere and the closer you get to that line the harder your fight is. Not saying the cases are not winnable but it does look bad to them.

[Sausage Surprise]

Yep agree. Moving from project to project smacks of being part and parcel of the client's organisation and D&C.

Not really, I do this all the time but each contract is for that specific project. Been here nearly 2 years and have had contracts ranging from 6 weeks to 7 months.

[GB9]

I am sure it is possible, the big companies like Accenture et al shift about projects for years once they have gotten their teeth in so it is a valid business model but they are not under the scrutiny we are.

And therein lies the root of our problem. In the eyes of HMRC we are employees - prove otherwise.

Doing a good job and as a result, winning more work with the same client is what any good consultant would be expected to do. Its how businesses grow. However, because of the ridiculous approach HMRC takes, we are expected to demonstrate we are real businesses whilst not being able to act as such.

[northernladuk]

I wouldn't make a habit of this though, one or two changes maybe but much more than that I am not sure how can defend yourself against the argument you are part and parcel of the organisation. I am sure it is possible, the big companies like Accenture et al shift about projects for years once they have gotten their teeth in so it is a valid business model but they are not under the scrutiny we are.

[cojak]

I leave the client when asked to move projects, so doing more than just changing the schedule makes sense to me if you want to stay.

[BolshieBastard]

A permie would move from project to project as directed by his employer with no job spec and no change to his contract.. and have very little choice about it.

You need to make it as clear as possible none of those factors apply to you. I would try and go further than change the schedule and ask the client to give notice on the old contract as the work and so the contract has ended and supply you with a new contract for the next piece of work.

Your client appears to respect your work and value so a new piece of paperwork doesn't seem an unreasonable request. How they will take the rate rise you insist on is another matter

Yep agree. Moving from project to project smacks of being part and parcel of the client's organisation and D&C.

[kingcook]

Re. rate, I will see how the land lies before jumping in with two feet...

I'd steer clear of a rate raise. You want this new contract to help with your IR35 status. Don't p155 the client off by making them think this is all about more money.

[kaiser78]

Thanks for the responses.

A permie would move from project to project as directed by his employer with no job spec and no change to his contract.. and have very little choice about it.

You need to make it as clear as possible none of those factors apply to you. I would try and go further than change the schedule and ask the client to give notice on the old contract as the work and so the contract has ended and supply you with a new contract for the next piece of work.

Your client appears to respect your work and value so a new piece of paperwork doesn't seem an unreasonable request. How they will take the rate rise you insist on is another matter

Good idea, I will ask the agent to arrange for the notice advice and issue a new contract.
Re. rate, I will see how the land lies before jumping in with two feet...

This^

And I'd also take a holiday of at least a week before the new project starts, making sure the contracts reflect that gap in dates too.

Problem here is that I have just come back from a 1 week hol (did I mention I was going to Dubai over Easter ? ), which should justify why I have moved straight from one contract to the other.

[nomadd]

A permie would move from project to project as directed by his employer with no job spec and no change to his contract.. and have very little choice about it.

You need to make it as clear as possible none of those factors apply to you. I would try and go further than change the schedule and ask the client to give notice on the old contract as the work and so the contract has ended and supply you with a new contract for the next piece of work.

Your client appears to respect your work and value so a new piece of paperwork doesn't seem an unreasonable request.

This^

And I'd also take a holiday of at least a week before the new project starts, making sure the contracts reflect that gap in dates too.

[northernladuk]

A permie would move from project to project as directed by his employer with no job spec and no change to his contract.. and have very little choice about it.

You need to make it as clear as possible none of those factors apply to you. I would try and go further than change the schedule and ask the client to give notice on the old contract as the work and so the contract has ended and supply you with a new contract for the next piece of work.

Your client appears to respect your work and value so a new piece of paperwork doesn't seem an unreasonable request. How they will take the rate rise you insist on is another matter

[cojak]

You'll need to get your contract schedule amended to reflect the change, but that should be pretty straightforward.