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Client wanting to set objectives/appraisal

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    Client wanting to set objectives/appraisal

    Had a worrying conversation with the client today

    They want me to take part in setting objectives/performance appraisal. From what I've read this is a big IR35 red flag as it demonstrates control, so obviously I want to avoid this.

    Any suggestions on how to handle this with the client?

    As an aside suppose I accept this while I line another contract up, would this open up all of the time I have been at clientco to IR35?

    #2
    Originally posted by Acme Thunderer View Post
    Had a worrying conversation with the client today

    They want me to take part in setting objectives/performance appraisal. From what I've read this is a big IR35 red flag as it demonstrates control, so obviously I want to avoid this.

    Any suggestions on how to handle this with the client?

    As an aside suppose I accept this while I line another contract up, would this open up all of the time I have been at clientco to IR35?
    First of all you need to decide how much you need to work with this client. Do you a warchest that will allow you to walk away if needs be?

    Once you have decided whether you can afford to leave or not, it's a question of progressing from there.

    If you cannot afford to be out of work, you can tell the client you appreciate their procedures but as you are not one of their staff, you dont intend partaking in appraisals and objectives. If they wish, they can 'appraise' you but you wont be involved in the process.

    If they say you must comply and you cannot afford to leave, then you'll have to take the hit.

    If you can afford to leave, you can call their bluff and say, sorry, no can do.

    This sounds very much like a public sector client ie DWP and the like who love annual appraisals and setting objectives for everyone and I mean everyone!

    TBH, I'd tell them straight there's no way you are being involved in this and expect to leave. If the client is into appraisals and objectives, I think you have little chance of getting them to including you in this process.

    The reality is we all get 'appraised' which is how the client decide to extend or not extend and even take you back in the future. But, I'd never submit to an official appraisal and objectives settings as permies do.
    Last edited by BolshieBastard; 20 April 2011, 20:40.
    I couldn't give two fornicators! Yes, really!

    Comment


      #3
      Tell them your employer already does an annual appraisal and for a fee you can supply them with a copy
      Doing the needful since 1827

      Comment


        #4
        I think it's reasonable that a client will want to know timelines for delivery of work that has been assigned to you... I'd call it a delivery schedule, but if they want to call it targets then that's their choice... The difference is though that you should dictate to them when the work will be delivered / what the targets are, not the other way round.

        Appraisals though... Just no. The most an 'appraisal' for a contractor should entail is either a) "You're not fulfilling your contract, we're terminating you / we're not extending you" or b) "you're fulfilling your contract terms well, do you want an extension?"
        It's about time I changed this sig...

        Comment


          #5
          If they insist on an appraisal, just send them a customer satisfaction survey to fill in on behalf of your company.

          Comment


            #6
            Just ignore them. Don't refuse, but just bluff and mumble and tell them you are terribly busy. Eventually they'll give up.

            Same strategy works for the infamous opt-out form from agents.
            Cats are evil.

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              #7
              appraisal? isn't that the contract renewal process? If the client likes the service that my company provides then they may renew/extend the contract with my company.

              Comment


                #8
                Appraisal was one of the factors in Dragonfly that counted against the taxpayer. There were a fair few other of course, but it didn't help.

                On Control, the case makes clear that where:

                •an engagement is to do work allocated as the contract progresses (as opposed to agreed at the outset), that may be capable of amounting to a sufficient degree of 'control-what'

                •there is a submission to guidance, or monitoring, or appraisal, that may be capable of amounting to a sufficient degree of 'control-how'

                to put the hypothetical relationship between individual and client at risk of being considered to be one of 'employment', for IR35 purposes.

                Why Dragonfly got caught by IR35 :: Contractor UK
                ContractorUK Best Forum Adviser 2013

                Comment


                  #9
                  Originally posted by Clare@InTouch View Post
                  Appraisal was one of the factors in Dragonfly that counted against the taxpayer. There were a fair few other of course, but it didn't help.

                  On Control, the case makes clear that where:

                  •an engagement is to do work allocated as the contract progresses (as opposed to agreed at the outset), that may be capable of amounting to a sufficient degree of 'control-what'

                  •there is a submission to guidance, or monitoring, or appraisal, that may be capable of amounting to a sufficient degree of 'control-how'

                  to put the hypothetical relationship between individual and client at risk of being considered to be one of 'employment', for IR35 purposes.

                  Why Dragonfly got caught by IR35 :: Contractor UK
                  Thanks Clare, very useful
                  Cloud Computing - Quis custodiet ipsos custodes?

                  Comment


                    #10
                    Originally posted by Acme Thunderer View Post
                    They want me to take part in setting objectives/performance appraisal. From what I've read this is a big IR35 red flag as it demonstrates control, so obviously I want to avoid this.
                    Quite apart from IR35, one of the great things about being a contractor is not having to do these stupid objectives/appraisals. Remind the client that you are a contractor not a permie.
                    Free advice and opinions - refunds are available if you are not 100% satisfied.

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