Terminating my Inside IR35 contract position within the first month

[FreakShow]

I have fortunately come across an Outside IR35 role and will be starting this work come March. My current inside IR35 contract has just started, I'm now just into week 3. My contract states the below quoted text.

The first part that I have bolded seems to suggest I need to give one months notice. However the second section suggests to me I can give instant notice?

Be good to get confirmation as I don't want to give notice too early and have some weeks not working, but I don't want to give the wrong notice and suddenly be in a position that I should be working both of them..

24. Termination

24.1 24.2 24.3 24.4 If anyone other than the Employer attempts to discuss changes

to or the termination of an Assignment with the Employee,

then the Employee must decline to discuss such matters and

refer them to the Employer.

Termination of an Assignment is not termination of the

Employee's employment and does not affect the continuity of

the Employee's employment.

If the Employee wishes to terminate a particular Assignment,

then the Employee must give the Employer at least one

month's written notice (or such period of written notice as set

out in any Customer Agreement or otherwise communicated to

the Employee) (the "Assignment Notice Period").

The minimum written notice periods required to terminate the

Employee's employment are set out in Clause 24.5. However,

if the Assignment Notice Period is longer than the notice they

are otherwise required to give to terminate their employment

under Clause 24.5, then the written notice which the Employee
must give to terminate their employment must be not less than

the Assignment Notice Period.

Subject to Clauses 24.4 and 25, the Employee's employment

may be terminated by either party giving the other notice in

writing as follows:

During the first month of employment: with immediate effect;

After the first month of employment until the Employee has

achieved two years' continuous employment: one week; or

After two years' continuous employment: either (a) by the

Employee giving the Employer one week's notice, or (b) by the

Employer giving the Employee notice of one week for each

year of continuous employment, up to a maximum of twelve

weeks.

[hobnob]

Are you working through an umbrella company or are you on agency payroll? I.e. who is your employer?

I think this is the key line, which explains the difference between the bolded sections:
"Termination of an Assignment is not termination of the Employee's employment"

In practical terms, the agency and client won't be happy, but they're unlikely to take legal action against you.

[FreakShow]

I am currently working through PayStream currently. I will be quiting both the assignment and the employment with PayStream, and be employed by my own business for a new client.

I think the second section says that my employment can be terminated with immediate affect within the first month, correct?

[northernladuk]

I am currently working through PayStream currently. I will be quiting both the assignment and the employment with PayStream, and be employed by my own business for a new client.

I think the second section says that my employment can be terminated with immediate affect within the first month, correct?

You are Employed by Paystream
Your Assigment is with the client

What you've missed is the text inbetween your two bold sections which says...

Employee's employment are set out in Clause 24.5. However,
if the Assignment Notice Period is longer than the notice they
are otherwise required to give to terminate their employment
under Clause 24.5, then the written notice which the Employee
must give to terminate their employment must be not less than
the Assignment Notice Period.

So this is the one you should be looking at. You must give the same notice as the assigment to quit employment.

If you try and quit on the spot there will likely be some angry exchanges and you can kiss any money owed to you goodbye but I doubt it will go legal. I say doubt though. I am sure Paystream and other brollies see this a lot and they may take more robust actions than we expect to try stem the tide. It will be interesting to see.

I also wonder what your chances of getting back on with Paystream are like next time around.

[ensignia]

Do both.

[FreakShow]

not less than
the Assignment Notice Period.

So this is the thing, I have no other document detailing an assignment notice period. What I have pasted is all the detail that mentions notice periods and the like.

I guess once I get the other contract details, I can see if they will bring the start date forward.


As for trying to do both, I'm not sure I would have the ability to juggle both. The new one I care about a lot and want to do very well in. The second one, I will not be that interested in and it locks me down to a desk (no laptop!), which I have a few different locations I work from, my own place, girlfriends and occasionally a family members.

[WTFH]

So this is the thing, I have no other document detailing an assignment notice period. What I have pasted is all the detail that mentions notice periods and the like.

The document you posted it in your opening post details the assignment notice period. It's 1 month.


Once that assignment finishes, you are still employed by Paystream unless either side finish the employment contract by giving one week's notice.

[FreakShow]

Thank you for the clarification everyone.

So it's one months notice. I'll still await the new contract details and then once that is all confirmed then I will approach, paystream? Not the client managers?

I like the idea of doing both, but I'm clearly going to be in breach of contract with the inside ir35 one which doesn't allow other works at the same time. And I don't think I have the ability to do both physically/mentally

[northernladuk]

Thank you for the clarification everyone.

So it's one months notice. I'll still await the new contract details and then once that is all confirmed then I will approach, paystream? Not the client managers?

Yes. You are employed by Paystream to effectively do work for their client. You have no contractual obligation to the client so Paystream first.

You could possibly dig around your linkedin contacts to see if you've any colleagues suitable and offer them up to try making the exit as painless as possible but any exit in less than a month is going to be a breach of contract so will be interesting to see how it goes.

P.S Make sure you understand your outside contract better than this one as it's a lot more important

[b0redom]

So this is the thing, I have no other document detailing an assignment notice period. What I have pasted is all the detail that mentions notice periods and the like.

I guess once I get the other contract details, I can see if they will bring the start date forward.


As for trying to do both, I'm not sure I would have the ability to juggle both. The new one I care about a lot and want to do very well in. The second one, I will not be that interested in and it locks me down to a desk (no laptop!), which I have a few different locations I work from, my own place, girlfriends and occasionally a family members.

Do not be surprised if your umbrella tells you that you can't give notice and must finish the assignment. I was through a large umbrella that got hacked and went lights out for several weeks. I decided to give notice to my public sector client (having worked there for well over a year) and the umbrella told me that I was not allowed to give notice and they would hold me to the contract.

They let me go after I kicked up a huge stink over the whole being hacked thing, but I wouldn't be surprised if your umbrella try and play hardball.