Terms of Reference

[Dark Black]

Hi Guys,

I've recently started a new contract back at a previous client. As usual it's project-specific work.

Unusually, this time I (and other contractors on the project) have been asked to sign a Terms Of Reference document which details the project responsibilities but also reporting responsibilites to the project/engineering managers.

I feel uncomfortable about this from an IR 35 perspective, particularly as I've never come across one of these before - all previous gigs have just had a project-specific schedule.

Should I be worried?

[northernladuk]

I will be interested in the replies to this as I don't remember this being asked before.

I don't see it as a problem though as (without reading it) I would guess it is like a SoW or something you would include at the end of your contract detail your exact duties during the contract. This does not imply any client direction, just a clarrification of the role you are carrying out, which wouldn't normally be an IR35 issues. The areas that are not clear here that seem to spring to mind are....

Is the content of this different to anything detailed in your contract. This WOULD be a problem for IR35 as you would be seen to be changing what you are delivering at the clients request not at a contractual level.
Does the actual content of the ToR mention any client control. Does it mention you MUST provide expenses to x and book holidays via y. If these override your ability to control your own time off and not invoice instead of expense etc then yes it is a problem. If it is purely about the structure of the project then thats not so bad.

These are just thinking aloud applying what we have seen about IR35 on here and your situation. Maybe someone knows outright.

[Svalbaard]

I am prepared to be corrected by an IR35 specialist but - in terms of reporting lines I wouldn't worry so much as on a projectized piece of work you need to understand the organisational structure and your place in it. You would need to do this whether you were permanent, or genuine 3rd party supplier.

In terms of what you are delivering, I wouldn't see this a problem either as this would also be a requirement of any delivery based personnel or teams.

As long as no explicit requirements and constraints are made on "how" you deliver - then I think you should be OK.

[SueEllen]

Hi Guys,

I've recently started a new contract back at a previous client. As usual it's project-specific work.

Unusually, this time I (and other contractors on the project) have been asked to sign a Terms Of Reference document which details the project responsibilities but also reporting responsibilites to the project/engineering managers.

I feel uncomfortable about this from an IR 35 perspective, particularly as I've never come across one of these before - all previous gigs have just had a project-specific schedule.

If it's just simply a case of reporting project progress to people in terms of their role (not their name) then no.