Notice Period

[MickeyP]

I have a 14 day notice period. Cleared by QDOS.

[ratewhore]

Employees have Notice Periods and cannot be termitated without due process. Contractors don't, and can be terminated immediately if the client so desires. Does that demonstrate the effect on IR35 status clearly enough?

It's not tosh, it's informed expert opinion. Those who have been working with IR35 for the last 9 years aren't just making things up to frighten the kiddies.

There's generally other clauses to give the client and agency the right to terminate immediately. I see nothing wrong with a reciprocal notice period and have insisted on them before (not on my current gig though as my rate is blooming marvellous and it would take a lot for me to serve notice:-))

[Qdos Contractor]

The majority of contracts will have notice periods and, although it's not ideal, it certainly isn't a major factor in determining status. That said, HMRC consider that a mutuality of obligation exists during a lengthy notice period (we set the level at 30+ days), so it's advisable to keep the period as low as possible.

[malvolio]

The majority of contracts will have notice periods and, although it's not ideal, it certainly isn't a major factor in determining status. That said, HMRC consider that a mutuality of obligation exists during a lengthy notice period (we set the level at 30+ days), so it's advisable to keep the period as low as possible.

Yep, that's how I understood it. However, people who get hung up about notice periods and insist on them haven't really understood the idea of being in a supplier/client relationship, and can't make the logical leap to compare themselves to a worker that take on to, for example, install a new bathroom: how happy would they be if the installer got bored after four days and told you they were leaving for something better?

[ratewhore]

Yep, that's how I understood it. However, people who get hung up about notice periods and insist on them haven't really understood the idea of being in a supplier/client relationship, and can't make the logical leap to compare themselves to a worker that take on to, for example, install a new bathroom: how happy would they be if the installer got bored after four days and told you they were leaving for something better?

I can't agree with that analogy (and the usual plumber/builder analogies in general). If you engaged a plumber to carry out the plumbing work in your house for a period of 6 months, AND expect them to be on site 37.5 hours per week AND be there during busy and quiet periods then the analogy might be more accurate.

(Not that I sign contracts like that of course!!)

[NotAllThere]

There are many factors in a contract that make it IR35 caught or otherwise. Notice period can be one of them. You can quit at a day's notice and the client has to give you 90 days, and the contract can still be not caught.

The point is, that if you haven't a notice period, then your contract is less likely to be caught.

It's all about mitigating risk. When the issue was first raised, it did seem that it was the silver bullet. I.e. if you have no notice period, then you are not caught. That doesn't mean that if you have a notice period you are caught.

[malvolio]

I can't agree with that analogy (and the usual plumber/builder analogies in general). If you engaged a plumber to carry out the plumbing work in your house for a period of 6 months, AND expect them to be on site 37.5 hours per week AND be there during busy and quiet periods then the analogy might be more accurate.

(Not that I sign contracts like that of course!!)

QED. Why would you do that? It would be an employment contract and IR35 caught.

Sorry, you have just demonstrated why the analogy holds: I take on contractors to do defined pieces of work and I take on contracts for defined pieces of work. Both may be time limited in some way, usually to simplify the client's budget management. The failure to appreciate the difference between that and a six month turn-up-and-do-what -you're-told-and-please-can-I-have-employee-like-protection is the difference between in and out of IR35. Or, if you prefer, the difference between a freelance and a pseudo-permie.

[Moscow Mule]

pseudo-permie.

Temporary Worker

[malvolio]

Temporary Worker

No, pseudo-permie, unwilling or possibly unable to stand alone or work outside the comfort zone of protections that don't actually mean anything in reality. It's an attitude thing.

[expat]

... a worker that is taken on to, for example, install a new bathroom: how happy would they be if the installer got bored after four days and told you they were leaving for something better?

Not happy. And not much happier if he gave notice.