• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

3 months contract notice period

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    #11
    Originally posted by TheFaQQer View Post
    "My legal advice is that the notice periods should be reciprocal"

    "Having a short notice period is better for my IR35 status - if I have to take a higher risk, then I'll need to rethink the rate to accommodate that"
    It's not the length of period that is the IR35 indicator, it is the mutuality of obligation. Equal notice periods have been cited as indicators of employment status because of this.

    If the client is not obliged to give you the same notice as you are to them then it removes any mutuality of obligation between you.
    "Being nice costs nothing and sometimes gets you extra bacon" - Pondlife.

    Comment


      #12
      Originally posted by DaveB View Post
      It's not the length of period that is the IR35 indicator, it is the mutuality of obligation. Equal notice periods have been cited as indicators of employment status because of this.

      If the client is not obliged to give you the same notice as you are to them then it removes any mutuality of obligation between you.
      I was just suggesting phrases to tell agents

      Qdos have in the past suggested that not being able to give notice provided MOO on my part, since I would have to be there.
      Best Forum Advisor 2014
      Work in the public sector? You can read my FAQ here
      Click here to get 15% off your first year's IPSE membership

      Comment


        #13
        Originally posted by DaveB View Post
        It's not the length of period that is the IR35 indicator, it is the mutuality of obligation. Equal notice periods have been cited as indicators of employment status because of this.

        If the client is not obliged to give you the same notice as you are to them then it removes any mutuality of obligation between you.
        So it is better from IR35 perspective for me not to have non-equal notice periods?

        Comment


          #14
          Originally posted by panadol View Post
          So it is better from IR35 perspective for me not to have non-equal notice periods?
          It depends on who you ask

          I'd argue that a notice period of one week from either party wouldn't produce MOO and would be atypical of an employer-employee relationship, therefore was a good pointer to being outside IR35.
          Best Forum Advisor 2014
          Work in the public sector? You can read my FAQ here
          Click here to get 15% off your first year's IPSE membership

          Comment

          Working...
          X