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Assume a non-umionised SME. Can a contractor, e.g. a limited company freelancer, be employed as a departmental manager?
Discuss.
Ta.
Of course.
Why not?
Contractor can be any role.
Even directors can work by invoicing their time from a third party consultancy not as paye.
My current manager is a contractor. She's very good at her job and popular both within the team and the department.
Yup.
I've had contractor managers - some good, some utter shite. Nothing in between it seems. But yes, it can be done.
Yes, of course they can. Given that's sounds like a leading question, why do you think otherwise?
I would imagine the Company would want a pretty good contract with them to ensure they couldn't just walk away on a Friday afternoon, leaving them in the shit.
Even directors can work by invoicing their time from a third party consultancy not as paye.
They can, but being part of an organisation's framework *may* be a pointer to IR35 noncompliance.
[I]I would imagine the Company would want a pretty good contract with them to ensure they couldn't just walk away on a Friday afternoon, leaving them in the shit. [/I]
I was in my last contract, and had a month either way.
Of course. Makes a lot of sense if there's a vacancy and no one in the company is eligible/suitable for the role. If it's temporary then a contractor could cover the whole thing. If permanent then it gives time to recruit/train someone else.
I have done it myself - unionised work place too. I was covering a key a post as a contractor while the wheels ground slowly to recruit somebody. Very slowly, as the previous holder had been promoted temporarily and they didn't want to fill the post until the upgrade was permanent.
My understanding is that somebody in the team complained to the union and got told to suck it up but I don't know that for sure !
Of course they can.
Maybe harder to prove outside IR35, but not impossible.
Yep any role is a job to do and being a manager is more of a job than a lot of people recognise.
I am.
Can a contractor be a manager?
Yes, I'm one at ExCo level. So long as the business has an employed Director with responsibility for you (Grp Stds, sign off etc.) my industry is fine with it, in fact it's preferred in a lot of instances.
Yes they can. But it is highly likely they will fall foul of the new IR35 rules as the revenue will call them an employee. Under the new IR35 rules it will be very difficult to manage anyone that you dont employ via your company and not be classed as an employee for tax purposes
Yep. I've known heads of IT at top 5 FTSE companies that are contractors.
(Known as in my manager's manager's manager reported to them!)
[i]Yes they can. But it is highly likely they will fall foul of the new IR35 rules as the revenue will call them an employee. Under the new IR35 rules it will be very difficult to manage anyone that you dont employ via your company and not be classed as an employee for tax purposes [/I]
Ok, firstly the 'new' rules only apply to the public sector and tbh playing with the ESS tool, it's not hard to be 'out'.
Secondly, I don't understand at all your second point?
Not is our company! (big global) The company states only employees can be managers.
Not in Airbus UK...not officially anyway.
I have been. No different in my experience.
Ok, firstly the 'new' rules only apply to the public sector and tbh playing with the ESS tool, it's not hard to be 'out'.
The new rules are nothing to do with this; bring post of an organisation's structure has been an indicator of in-IR35-ness for some time.
Giving false answers to the tool makes it very easy to be out 
I am. I manage budgets in the millions. I can't have my picture in our online phone directory though.
[i]The new rules are nothing to do with this; bring post of an organisation's structure has been an indicator of in-IR35-ness for some time.[/I]
Nope. And if you mean for some time, ie since IR35 was created, then AFAIK that's about 17 years.
I've contracted for a number of organisations (both private and public plus large/small) over this time period and had staff working for me, mostly described as 'interim' on any charts/presentations etc.
Nope?? I'm straight out worng? It's not [b]an[/b] indicator? One of many possible?
You're interim or the position is? I'm interim, but the role I'm doing will be filled by a perm. at some point.