If you can agree a defined statement of work, and your client understands that any deviation from that agreement will require a change to that document, then you're off to a good start.
If they then expect you to be on site 9am - 5pm, attend staff meetings, tell you how to deliver the work, put you on the tea roster, etc then it's not worth the paper it's printed on.
There is no one thing that will result in an outside determination.
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Reply to: Mini Statement of Works
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Previously on "Mini Statement of Works"
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What's the general consensus with this? Is it a workable solution to working outside IR35?
When I run the CEST tool in my scenario, the deciding question is always "Does your client have the right to move you from the task you originally agreed to do?".
The only response to generate an Outside result is "No, that would require a new contract or formal working arrangement".
Does an accepted ticket / mini statement of work satisfy as a "formal working arrangement"? provided the consultant has the right to decline the work?
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Yes, I use Trello with my client. Each ticket is costed by the client which I can ask to be increased if I can justify with the client that there is more work involved than what he anticipates.
I am also free to pick up tickets which are of interest to me and leave others for other contractors, there is no compulsion for me to pick up any specific tasks, it is completely up to me what I decide to do.
The work I do is fairly mandraulic so it is actually quite straightforward to estimate just by using a pre-prepared Microsoft Excel spreadsheet and punch in the figures for the key indicators to get a costing.
I invoice on ticket values at the end of the week rather than hours worked.
It is extra work/faff but does make the all-important link of payment to tasks. It is not a significant overhead to tender for the work via tickets.
I have also made losses in some tasks as I haven't forecasted the hours accurately, but I take it as part of running your business, usually I am in the green. Just helps to reinforce my bonafide business status.
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Originally posted by ladymuck View PostWhat a faff! Why not quote for the full piece and list it out into distinct deliverables? Can you really see any client wanting to manage that level of admin?
Too many people try to come up with solutions that suit them, without realising that the current setup exists because it makes it easier for the client - they just hand it all off to the agency and pay the invoice once a month.
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What a faff! Why not quote for the full piece and list it out into distinct deliverables? Can you really see any client wanting to manage that level of admin?
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Mini Statement of Works
This is an idea I've been toying with, and I was wondering if anyone knew if this would work.
As a software developer, many clients (particularly larger consultancies) use a "ticketing" system (like Jira) for splitting projects down into manageable chunks. Most of these tickets should require no more than a few days (preferably less) to complete.
As an alternative way of working, I was considering that each of these could be considered a separate piece of work and quoted for. So, say I considered a ticket to be a day's worth of work, I could quote a client £x (my day rate ish), get sign off, complete the work, and be paid upon successful completion. Preferably, here, I would make it so there was no requirement for me to do the work: I could subcontract it out, at my own discretion, but I (or at least my company) would remain responsible for the quality and the amount wouldn't be paid if it wasn't up to scratch.
This would be a scaled down version of quoting for a project and being paid on completion. It would offer reduced risk compared to doing so, but would be so completely different to "employment" that it should be clearly outside IR35.
This is just an abstract idea right now, so I would very much appreciate anyone's thoughts and impressions.Tags: None
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