Should IT contractors conduct employee interviews

[kaiser78]

Hi

I've heard rumours about IT contractors conducting screenings and technical interviews being somewhat undesirable, due to the "disguised employee" aspect of it I suppose.
To be honest I just heard it mentioned once or twice, so would like to ask a wider audience here, is it something I should decline doing and if so, how?

Thanks!

You don't need to necessarily decline and does depend on the role/area - you may be asked in the same way as you are being used as a specialist/ expert contract resource to ask specific skill based questions to help the organisation find the right skillset. This would simply form part of the service you re providing as an external contract resource.

[woohoo]

I've done it a few times, really to help the client out. Everything else I'm pretty much certain I'm outside IR35. Don't think it's a big deal tbh.

[NotAllThere]

If it would be part of your role as a consultant to vet staff, then there's no problem.

[jamesbrown]

It depends entirely on the context. If you were brought in to lead your own team of contractors, you might reasonably be expected to assist with their recruitment (i.e. a contractual obligation). If it's scope creep and you're being asked to assist with general administrative tasks that you weren't contracted to do and would be handled by permies ordinarily then, yes, it's a pointer, both to D&C and to being part and parcel. Ultimately, though, whether this puts a contract inside is impossible to say without scrutiny.

[Scruff]

I have always refused to conduct interviews for potential permanent members of staff. I go as far as perusing the CV and setting technical questions.

[TheFaQQer]

Hi

I've heard rumours about IT contractors conducting screenings and technical interviews being somewhat undesirable, due to the "disguised employee" aspect of it I suppose.
To be honest I just heard it mentioned once or twice, so would like to ask a wider audience here, is it something I should decline doing and if so, how?

Thanks!

Possibly. Look at the three pillars of IR35 and see how you can mitigate against them.

[SueEllen]

It depends what your role and function on the project is.

[BlasterBates]

Yes it is a pointer because it shows the manager is directing you on a day to day basis, e.g. such as asking you to help out with an interview.

You're inside IR35 generally when you start doing general departmental tasks. Interviewing would just be one of them, you'd probably be doing other things as well. Installing a PC for a new arrival, carrying out maintenance tasks etc. If the manager is frequently asking you to do different things it could be seen as direction and control.

Typically you are outsided IR35 when you are on a specific project working independently, eg delivering on a specific project for example.

Conducting one interview isn't going to put you inside IR35 but it maybe a sign you are part and parcel of the organisation.

[nicholas22]

Hi

I've heard rumours about IT contractors conducting screenings and technical interviews being somewhat undesirable, due to the "disguised employee" aspect of it I suppose.
To be honest I just heard it mentioned once or twice, so would like to ask a wider audience here, is it something I should decline doing and if so, how?

Thanks!