IR35 Hokey Cokey

[edison]

Obviously I haven't seen the details but a question I would have is: is this covering a permie post?

I recently took on an IT Manager role where I really did have carte blanche on how I carried out the role; there was no supervision, direction and control in how I did things (in fact no one in the organisation would know how to carry out the role) other than upfront agree some deliverables and a timescale for them, no MoO but also no realistic RoS. However, this was covering a permie post from which the previous IT Manager had legged it, so in that light I decided to declare it inside and operated through an umbrella.

So to your bit in bold above, if this is an existing permie post then I would go inside. If it's a totally new post then the possibly of going outside is there if this is looked upon as a role being developed by you with carte blanche on how it's done, in that sense it could be viewed as a consultant role I suppose.

Cover for a permie post was my initial thought but 12 months is a long time - I suppose it could be to cover a secondment.

I've done two contract IT leadership roles where the role didn't exist before and I had to build a new team. Both times I had more or less carte blanche to do anything I wanted and determine how it was done.