Legal notice period

[LondonManc]

Hi, thanks for all the answers. I'm happy either way... Just wanted to know where I stand. As to IR35, I've had my accountants check contracts and done numerous online 'tests' and I'm low risk on all of them. I have also done other consulting while contracting for the current company.

You're now on a rolling contract, which is bad, as it triggers the following IR35 pointers:
You're no longer project based, which is not good/
You have mentioned that there is a requirement for them to justify your fee. As such, this indicates that there is an obligation on them to provide you with work.
The fact that you have a rolling contract is generally an indicator of being inside IR35, unless clear deliverables have been described in it.

If you intend to stay there, I'd be keen to get back on to a time and delivery-based contract if I were you.

[northernladuk]

If you intend to stay there, I'd be keen to get back on to a time and delivery-based contract if I were you.

IMO that's too little too late. It would clearly be a paperwork and a 5 minute chat with his client would just confirm what has already been proven. They don't need a contractor, they need and have a permie.

[Fred Bloggs]

His IR35 status changes this bit of advice IMO.

Not at all IMO. Better to be in work and risk being in IR35. I'm definitely outside IR35 right now and I'd willingly swap with the OP.

[LondonManc]

IMO that's too little too late. It would clearly be a paperwork and a 5 minute chat with his client would just confirm what has already been proven. They don't need a contractor, they need and have a permie.

It might be but my thinking is this.

Original contract could be outside IR35 - brought in for a specific project.
Then the rolling one is inside IR35 - changes in working practices/engagement model inc D&C once.
If OP can prove that the original contract was outside IR35 but then he got dragged into it, he may be able to expedite himself from the situation. It would also demonstrate the same.

[northernladuk]

It might be but my thinking is this.

Original contract could be outside IR35 - brought in for a specific project.
Then the rolling one is inside IR35 - changes in working practices/engagement model inc D&C once.
If OP can prove that the original contract was outside IR35 but then he got dragged into it, he may be able to expedite himself from the situation. It would also demonstrate the same.

Fair enough. It's the clients attitude he has to change though and that's gonna be very difficult now.

[TheFaQQer]

His IR35 status changes this bit of advice IMO.

100% inside IR35, or 0% outside IR35.

Unless there is something to jump to, I'd be staying put.

[TheFaQQer]

As to IR35, I've had my accountants check contracts and done numerous online 'tests' and I'm low risk on all of them.

I hope you haven't been using the HMRC one

[pr1]

I sense that nluk would rather earn £300/day outside IR35 than £3000/day inside IR35

[jbond007]

I seriously, strongly advise you against quitting. I have been out of work since November 2014, I have dropped my rate expectations by 40% and I'm still out of work. Sit there as long as you can, if you're bored just find stuff to do, I have done so in the past.

Sorry for side-tracking a bit, but have you also tried for permie work ?

[intodarkness]

I hope you haven't been using the HMRC one

No, definitely not.