IT contractor performance review
Discussion
Here's a scenario:
2 contractors in a team, one employed through an umbrella company, the other under his own Ltd company.
They have both been asked to take part in the annual performance review process (for the first time - one has been there for 3 years, the other for 6 months).
The one under the umbrella company falls under the Agency Workers regs, which AIUI means that they cannot be seen to be treated differently to a permanent employee (or is it rather that they cannot be disadvantaged cf. permanent employee?), and so should participate.
The one under his own Ltd company is nervous of IR35 implications of acting like a member of staff, and doesn't want to be involved.
What would you advise they should do in this situation?
2 contractors in a team, one employed through an umbrella company, the other under his own Ltd company.
They have both been asked to take part in the annual performance review process (for the first time - one has been there for 3 years, the other for 6 months).
The one under the umbrella company falls under the Agency Workers regs, which AIUI means that they cannot be seen to be treated differently to a permanent employee (or is it rather that they cannot be disadvantaged cf. permanent employee?), and so should participate.
The one under his own Ltd company is nervous of IR35 implications of acting like a member of staff, and doesn't want to be involved.
What would you advise they should do in this situation?
LTD Company chap could participate in a "contract review" in which all aspects of the contract including performance of the ltd company staff are reviewed.
I'm on a contract with IBM but would not consider participating in the IBM annual performance review of their staff (other than providing what they call "360-degree feedback" if requested). I do have discussions with my primary contacts in IBM about my contract and my performance.
I'm on a contract with IBM but would not consider participating in the IBM annual performance review of their staff (other than providing what they call "360-degree feedback" if requested). I do have discussions with my primary contacts in IBM about my contract and my performance.
Edited by ewenm on Wednesday 4th January 12:37
I dont think even a contract review which entails reviewing individuals is a good thing. If the guy is truly outside IR35, ie providing a service then only the service should be reviewed.
As a PM, I have regular project reviews with my team and the client management. I do not expect any review of my performance although it is nice to get a "well done" on a personal basis, any negative performance I would expect a contract termination. A performance review suggests feedback and coaching which is much to close to direction and control.
I do sympathise with the client though (in this case), they don't know (necessarily) who is Ltd or not and we've had a similar issue with invites for Xmas lunches which were turned down by the Ltds and accepted by the Brolly boys.
As a PM, I have regular project reviews with my team and the client management. I do not expect any review of my performance although it is nice to get a "well done" on a personal basis, any negative performance I would expect a contract termination. A performance review suggests feedback and coaching which is much to close to direction and control.
I do sympathise with the client though (in this case), they don't know (necessarily) who is Ltd or not and we've had a similar issue with invites for Xmas lunches which were turned down by the Ltds and accepted by the Brolly boys.
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