Anyone doing interim management roles?

[edison]

Anyone here doing interim management roles as opposed to pure contractor roles? Say, CIO/Head of IT/IT Director level?

Be interested to hear your experiences. Market seems buoyant.

I’m having a lot of fun in a new interim Head of IT role. Sounds strange but I’ve effectively been ‘promoted’ 3 times since I left a permie job 5 years ago. I don’t know why I bothered with all that ‘career climbing’ stuff before!

[vwdan]

No, but I'd love to hit that point. Pretty much guaranteed to be in IR35, though, no?

[gables]

No, but I'd love to hit that point. Pretty much guaranteed to be in IR35, though, no?

Maybe not at director level, who'll be supervising, directing and controlling what you do? won't it you doing all that?

[malvolio]

I was trying to tell IMs that they need to look at IR35 quite carefully 1 years ago and more. The usual response was "I don't see how it can apply to me"...

There are two issues here that they cheerfully ignore. Firstly the whole question of D&C, since if you are acting in a managerial role within a company it is difficult to see how D&C would not apply, especially if you have staff responsibility, since you would have to adhere to company policy across the board. Secondly, if you are holding a substantive post (i.e. one mandated in the company's Articles), as a lot of IMs are doing, while being a director of another company - as most IMs are - then you have to take your remuneration from that engagement net of PAYE and NICs (which is why IPSE's directors, for example, get paid net).

Of course they could all be adhering properly to the IR35 and related taxation rules perfectly. What, though, are the odds...

IMs are not a different group. They remain freelance contractors in all but name and should be using the same rules and suffering the same issues. So who's going to tell them?

[northernladuk]

Maybe not at director level, who'll be supervising, directing and controlling what you do? won't it you doing all that?

I think he's hinting at the OP being a 'Controlling person' rather than the standard IR35 tests. If he is then I think he's wrong but it could make for an interesting discussion.

The thing that struck me about the OP's original post is I wouldn't expect someone in such a position to post something like this if you get my meaning. If you are in such a lofty position to be directing and entire clients IT policy I wouldn't expect them to be posting for other peoples opinions on a bulletin board.

[malvolio]

A controlling person is one holding a substantive post. So see my earlier post...

[earningacrust]

Maybe not at director level, who'll be supervising, directing and controlling what you do? won't it you doing all that?

I'm an interim manager, currently "Head of IT" but last role was an "IT Director". All within IR35 but the day rate is increased to offset the costs compared with working outside IR35.

Unfortunately you still always report into someone. In my case, typically the CEO or CFO who are genuine office holders. They don't really direct/control what you do as such but you have to ensure that what your team does aligns with the overall strategy or objectives.

And despite being in this role, you need a great mix of perm and contract staff to work for you plus suppliers. They are the experts and I'm always asking for their opinions. I just have to run a lot of things at the same time and juggle various stakeholder, team, supplier and user views/demands!

[WLB2018]

This is an interesting question.

My current gig has a contractor in as an interim Head of IT and having spoken to him he has said his contract (checked by QDOS) puts him outside IR35, he even has a signed Confirmation of arrangements listing a specific set of projects and deliverables. I have never come across a Confirmation of Arrangements before, so not sure what real impact this has (i did have a quick google mind).

However he is clearly involved in recruitment, dismissals, appraisals, budgeting, team meetings - surely all of which would put him inside of IR35?

WLB

[gables]

I think he's hinting at the OP being a 'Controlling person' rather than the standard IR35 tests. If he is then I think he's wrong but it could make for an interesting discussion.

Yep, I was responding to vwdan's point of being guaranteed in IR35 by alluding to the OP being at such a senior position, and questioned would they really be under SDC, but not knowing is why I said 'maybe'. BUT having read Mal's points I can see how they would fall under IR35.

[malvolio]

This is an interesting question.

My current gig has a contractor in as an interim Head of IT and having spoken to him he has said his contract (checked by QDOS) puts him outside IR35, he even has a signed Confirmation of arrangements listing a specific set of projects and deliverables. I have never come across a Confirmation of Arrangements before, so not sure what real impact this has (i did have a quick google mind).

However he is clearly involved in recruitment, dismissals, appraisals, budgeting, team meetings - surely all of which would put him inside of IR35?

WLB

I'll give good odds his contract would fail if tested in court, for the reasons I've already stated.