Invoking the substitution clause

[maui50]

Hi all,

I'm thinking of getting a substitute for the 3 and half weeks that I'm going to be away in the middle of a contract. I have someone in mind. Having looked at advice elsewhere on the forum, I think the way to go is for me to give that person a contract with my limited company (she has her own limited company) and get her to invoice me for the duration that I'm away.

The client is flexible and considering who I have in mind, I'm pretty sure they won't have a problem with the choice of person (my contract states I need to get approval from them in writing).

The thing is though - the person I have in mind is already contracted to the client! She's in a more junior position and is paid less; her own contract with the client reflects the quite different duties to my own contract (e.g. I manage her workload). I know all this because I was involved in hiring her so helped set up the terms of the contract on behalf of the client.

I guess one option is for her to just do my work and bill the client as she normally does - but this would mean a change to her own contract in terms of duties and pay - which is a bit silly for a fairly short period. Hence, I figured it would be easier for her to be called in as my substitute.

(And I'd quite like to invoke the substitution clause as I figure this is precisely the scenario it's designed for).

Would this idea work though? Is there an alternative I haven't considered?

maui50

[kingcook]

The thing is though - the person I have in mind is already contracted to the client!

Who is going to do her work, while she does yours?

[maui50]

I only do 1 day a week for this client (officially - it ends up spread out all week though).

She'll keep doing her own work - she works 3 days a week and is able to increase to 4 while I'm away.

[northernladuk]

The whole point of a sub is continuity of service to the client. I can't see the client being happy you dragging an existing resource off just to fill your slot up. Defeats the whole point of the substitution.

Also... check her handcuff clause. Might say she can't work for anyone else in to that client which kills your option stone dead.

Sounds like you are going to test the clients patience if you push this one too far. The fact he is so relaxed about you using a sub is a bonus so I wouldn't be looking to spoil that relationship.

I would also say subbing for 3 weeks to cover hols and expecting pay is a long shot. Whoever comes in will only just have gotten up to speed by the time you are back. Again to save face in front of my client I would think very carefully about this on. You don't want to come back and find your reputation/work in tatters

[TheFaQQer]

I only do 1 day a week for this client (officially - it ends up spread out all week though).

She'll keep doing her own work - she works 3 days a week and is able to increase to 4 while I'm away.

For 3.5 days, it's not really worth it, is it?

[maui50]

For 3.5 days, it's not really worth it, is it?

Well, for her it's 3.5 days of being paid better and getting a flavour of project management and added responsiblities. Most juniors would/should welcome the experience.

It's only 3.5 days but the client still needs someone to be a main point of contact, organise the workload for a small team, troubleshoot, do a bit of reporting etc. I wouldn't want to leave them in the lurch.

If I were a permie, I'd be asking a colleague exactly like this girl to do it without any extra pay and would call it 'teamwork'.

[Greg@CapitalCity]

Would this idea work though? Is there an alternative I haven't considered?

This idea will work if you can get your client to agree to it, and it sounds like you have already done the groundwork to establish this. To keep it simple I would suggest you continue to bill your client normally, and that you establish a temp contract between your company, and the substitute's company, to cover the work being done.

If you are both VAT registered on the flat rate scheme, just keep in mind that you won't be able to recover the VAT from your sub-contractor, so this arrangement may not make as much money as you think. You're accountant will be able to complete a quick calculation for you to confirm this.

[MrRobin]

Does she have a restrictive clause in her existing contract regarding performing services for the same end client without use of her agency? Might be a potential problem...

[northernladuk]

Does she have a restrictive clause in her existing contract regarding performing services for the same end client without use of her agency? Might be a potential problem...

KUATB

Also... check her handcuff clause. Might say she can't work for anyone else in to that client which kills your option stone dead.

[northernladuk]

Well, for her it's 3.5 days of being paid better and getting a flavour of project management and added responsiblities. Most juniors would/should welcome the experience.

It's only 3.5 days but the client still needs someone to be a main point of contact, organise the workload for a small team, troubleshoot, do a bit of reporting etc. I wouldn't want to leave them in the lurch.

If I were a permie, I'd be asking a colleague exactly like this girl to do it without any extra pay and would call it 'teamwork'.

You are bringing a sub in to fill your boots and keep continuity for your client, not providing a training environment for friends.

Keep the two apart. You will get nothing for doing this and lose alot when it goes wrong. Permies do teamwork, you are a consultant providing a service for a client. You are not a permie.

You shagging her by the way?? Just asking like.