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Previously on "IR35 advice - contractor training client's employees"

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  • LondonManc
    replied
    Not a problem if it's in the SoW, even if it's added in an extension, so long as it's there.

    Correct use of a contractor: bring someone in to deliver something because you have a resource gap but need it doing quickly. Recruit perm more selectively, 9 months later, give contractor a 3 month extension to train up the perm, hand over and exit. The number of clients who have ignored that final 3 months and leave themselves with gaps is frightening.

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  • northernladuk
    replied
    I'd agree with the others. If it's in your original scope of work then fine. If it's not you are in danger being under direction and control from the client. A small additional SoW should cover it in this single instance.

    That said being a small business it's very difficult to have a single SoW and stick to it like glue. They often want people to wear many hats so if this is one request of many then you've got an issue as the client is directing and controlling and just seeing you as part and parcel. If that's the case you need to be careful. I'd imagine a small company won't honour the Right of Substitution either so you are back to the same issues we had before this hit. If this is a one off the fine, if these requests are common then it's not fine. There will be a point where multiple changes to the SoW just look like a paperwork exercise and you are being treated like a perm.

    You do have a very clear, well defined SoW don't you?

    Only you will know the situation at the gig so need to be careful.
    Last edited by northernladuk; 15 April 2021, 10:30.

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  • ladymuck
    replied
    No issue with training employees if it's part of the contracted deliverables. If it's not and your client has an "ad hoc tasks as directed" term then you were always going to be at risk of being found inside.

    If the client wants you to do an additional task, ask for a contract variation to be raised to detail the work. You're a business, remember.

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  • hobnob
    replied
    If it's covered by a scope of work then I don't see a problem: it's quite common for companies to hire an external trainer. The problem comes if they brought you in to do X, then say "while you're here, can you do some training too?" That would act as SDC (Supervision, Direction, and Control).

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  • pikachub
    started a topic IR35 advice - contractor training client's employees

    IR35 advice - contractor training client's employees

    Hi,

    I'd like to understand what are the IR35 implications on a contractor if their client ask them to train their employees? (As of now, the contractor decide the IR35 status the contract as the client is a small business).

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