Reply to: Hello, and here is my newbie question...

[Percy]

If you are any good in the current role then you may encounter some resistance. If not, then they will jump on the chance to offer you lesser employment rights.

IR35 isn't an issue if this is PAYE FTE contract as we suspect. That's not what most people refer to as contracting, indeed it's often referred to as the disadvantages of both worlds. Think carefully before you leap.

Speak to the hiring manager (not necessarily your current manager). Enquire to "find out more" about the role and take it from there. Possibly you could transfer into the role and they would advertise your current position as FTE instead.

Ta
Toodle-oo!

[Contreras]

If you are any good in the current role then you may encounter some resistance. If not, then they will jump on the chance to offer you lesser employment rights.

IR35 isn't an issue if this is PAYE FTE contract as we suspect. That's not what most people refer to as contracting, indeed it's often referred to as the disadvantages of both worlds. Think carefully before you leap.

Speak to the hiring manager (not necessarily your current manager). Enquire to "find out more" about the role and take it from there. Possibly you could transfer into the role and they would advertise your current position as FTE instead.

[TheFaQQer]

b0redom
Re IR35: before I came onto *my* role, it was filled - by a contractor.
Also, the advertised vacancy is for an additional role, one which involves call-out, out-of-hours work - which my current role does not.

I'm not sure how any of that is relevant to your IR35 position, to be honest.

[stek]

Indeed. I'm missing the point, though...?

Because this is a contractor forum and fixed term contracts are not what we are about.

We are all generally directors of our own limited companies.

[Percy]

Fixed term contracts are still employment contracts though...

Indeed. I'm missing the point, though...?

[stek]

Oh dear, I'm probably being clear as mud. Start again.

I am currently working for my employer on a 'permanent' contract.
A fixed-term contract vacancy has been advertised.
I'm considering applying for it.

The vacancy is with my current employer but is in addition to my role.
The vacancy has been advertised by an agency.

All I wanted to know is, what's the best approach, go via the agency like other applicants, or talk to my manager directly?

Ta

Fixed term contracts are still employment contracts though...

[Percy]

b0redom
Re IR35: before I came onto *my* role, it was filled - by a contractor.
Also, the advertised vacancy is for an additional role, one which involves call-out, out-of-hours work - which my current role does not.

[TheFaQQer]

Oh dear, I'm probably being clear as mud. Start again.

I am currently working for my employer on a 'permanent' contract.
A fixed-term contract vacancy has been advertised.
I'm considering applying for it.

The vacancy is with my current employer but is in addition to my role.
The vacancy has been advertised by an agency.

All I wanted to know is, what's the best approach, go via the agency like other applicants, or talk to my manager directly?

Ta

If this is really what you want, then talk to your employer, since they are the client and you have a relationship with them.

As others have suggested, make sure you absolutely understand what you are considering before you do it, though.

Good luck.

[Batcher]

What will your manager think about you if you say you want to leave and come back next week as a contractor?

Apart from the fact they will still be one down in the headcount for the project if you merely swap over?

If he wanted to, he could use it as a way to get rid of you. Turn up on the Monday and "Sorry Mr Contractor, the project has changed and we don't have any work for you".

[oracleslave]

Oh dear, I'm probably being clear as mud. Start again.

I am currently working for my employer on a 'permanent' contract.
A fixed-term contract vacancy has been advertised.
I'm considering applying for it.

The vacancy is with my current employer but is in addition to my role.
The vacancy has been advertised by an agency.

All I wanted to know is, what's the best approach, go via the agency like other applicants, or talk to my manager directly?

Ta

So, in effect, you would be applying to fill another internal position within your current employer which sounds exactly like you existing job but without the protection that permanent employment provides.


If it is what you want (and from what you have revealed so far I can see no reason why you would do this as there appears to be zero benefit to you) then my recommendation would be to speak to your employer directly about this and not involve the agency.

[b0redom]

Neither. You *will* be caught by IR35. If you want to contract. Go contract. Somewhere else.

[Percy]

Oh dear, I'm probably being clear as mud. Start again.

I am currently working for my employer on a 'permanent' contract.
A fixed-term contract vacancy has been advertised.
I'm considering applying for it.

The vacancy is with my current employer but is in addition to my role.
The vacancy has been advertised by an agency.

All I wanted to know is, what's the best approach, go via the agency like other applicants, or talk to my manager directly?

Ta

[TheFaQQer]

zemoxyl - don't believe there are any exclusion clauses as such; they would be more directed at going to work for the client.

So who are you going to be working for, if it's not the client?

And it may well be in the consultancy-client contract that has restrictions in it to prevent this happening.

If you want to be a contractor, then you would be best-off leaving and finding a new contract, rather than doing the same job for the client via a different billing mechanism.

[Percy]

Hi guys,

oracleslave - vacancy is in addition to myself; it may well be that they want the flexibility to exand and contract, so I'm aware that should the workload not demand it, they could jettison the +1. My view is that even if they do hire a permie to replace me, my skills and experience should still put me in a strong position.

zemoxyl - don't believe there are any exclusion clauses as such; they would be more directed at going to work for the client.

Thanks again

[zemoxyl]

Hi there,
A bit of background; I'm currently a permie working for a consultancy on a client site ('embedded' in one of their teams), perform a support role on my own.
Proposal is to expand the team, and a vacancy has been published via an agency - for a contract position.
I'm thinking of applying for the contract position - how best to go about this?
Via the agency, like anybody else seeing the ad, or directly to my employer? I'm pretty sure they only deal via agencies.
Cheers, and thanks for any helpful advice.
Percy

Why don't you cut and paste the exclusion clauses of your employment contract with the names redacted?
Then we can give a reasoned opinion.

Maybe you should be asking why they want a temp and not a permie.