Notice Periods

[northernladuk]

So if they have a zero notice period to me, then it means they can reduce my rate with no notice and issue me with a take it or leave it contract on the new rate, which if I accept I'd be tied into for the duration. Also, not being able to serve notice means if the job turns out to be a nightmare then I'd have to do the full 6 months before I could get out. That doesn't make for a good contract!

They wouldn't do that on the existing contract would they? Or do they have a history of terminating the existing contract immediately just to reduce the rate and offer a new contract with 10% rate cut? Or am I smoking something ?

That's exactly it. No notice, and they can and regularly do cut rates. They are renowned for it. You're stuck until the end unless they impose a cut which is a take it or leave it, no exceptions. One or two claim they fought it and won, others managed to slip in to a managed service contract to avoid this but generally it's take it or leave it.

Have a look at this site for the history...

egos IR35 cases index

and I suspect they are not all on there.

I don't think site covers the enforced holidays that are imposed as well, particularly over the xmas period.

[northernladuk]

When I was there the parks couldn't cope. People were parking on every patch of grass they could possibly find. It was a particularly wet winter and everything was getting churned up. It was a right mess. If you got there after 10 there wasn't a single patch of grass or anything to park on. By the time I left everywhere was just a mud bath which is a shame as it's a very pretty site.

I left before the parking ban was enforced but a couple of people have mentioned you have to park in Lower Peover (I think) and a shuttle bus was put on. Again, take it or leave it.

[Contreras]

Having no notice is best for your IR35 status but a load of crap if you want to jump ship.

Contracting termination clauses that avoid IR35 risk

I understand where the author is coming from there, but I would draw a different conclusion.

Zero notice from the client - no obligation on their part - good for IR35 (if not commercially).

However lack of a notice period to the client is an obligation. The devil would be in the detail:

* Defined deliverable(s) and free to walk once that is done - good.

* An expectation to pick up other work to complete the contract term - not good.

Notice has nothing to do with control. It's a contractual obligation.

Agreed. It's about (absence of) MoO, not D&C.

[billybiro]

I raised the issue of parking and the guy said that it was much better than it used to be. So what do you do if you are not allowed to park onsite? I'll be travelling from Rochdale. Public transport will be out of the question so if I can't park then I won't be able to do the contract!

WRT Parking, what you do is you park in the "Visitors" section. All of these big corporate's car parks have a visitors section for when the top brass want to shmooze with their counterparts from another corporate client. They won't have their armani-attired colleagues roughing it on a shuttle bus, so they put the "visitors" section of the car park right next to the front door (or immediately next to the "executive" section).

You're a separate business, and you're technically "visiting" the client. You can legitimately park in the Visitors section. Problem solved!

[NickNick]

I would also add 'No Italians in the project'

Never worked with any Italians there to be honest. Loads of Israeli people, some Germans, Turkish, Spaniards, Portugese, Hungarians, but no Italians.

[northernladuk]

I understand where the author is coming from there, but I would draw a different conclusion.

Zero notice from the client - no obligation on their part - good for IR35 (if not commercially).

However lack of a notice period to the client is an obligation. The devil would be in the detail:

* Defined deliverable(s) and free to walk once that is done - good.

* An expectation to pick up other work to complete the contract term - not good.

But you have deliverables in either the contractor or attached schedule. That means this contract, regardless of notice period, is for that particular task so negates your item B. There is no expectation at all.

I don't really want to get in to the details of how the contracts work cause most are just lip service to IR35 and don't represent a true supplier relationship. Not many contractors would be happy with a term saying something along the lines of the contract terminates once the work is complete.

[northernladuk]

WRT Parking, what you do is you park in the "Visitors" section. All of these big corporate's car parks have a visitors section for when the top brass want to shmooze with their counterparts from another corporate client. They won't have their armani-attired colleagues roughing it on a shuttle bus, so they put the "visitors" section of the car park right next to the front door (or immediately next to the "executive" section).

You're a separate business, and you're technically "visiting" the client. You can legitimately park in the Visitors section. Problem solved!

You are an engaged supplier who is contractually obliged (arguable but still) to be on site or have that site as his base... So you are NOT a visitor. The fact you have a normal badge and don't have to sign the visitors book might have been a clue as well.

[Ticktock]

You are an engaged supplier who is contractually obliged (arguable but still) to be on site or have that site as his base... So you are NOT a visitor. The fact you have a normal badge and don't have to sign the visitors book might have been a clue as well.

While I agree that contractors can't use visitor spaces, this is a poor definition.

Air con engineers will be engaged suppliers, contractually obliged to be on site. They often have the same sort of badge I do (marked "Contractor") and don't sign the visitor book. I can't see them parking off site and carrying their tools, ladders, other equipment on a shuttle bus.

[northernladuk]

While I agree that contractors can't use visitor spaces, this is a poor definition.

Air con engineers will be engaged suppliers, contractually obliged to be on site. They often have the same sort of badge I do (marked "Contractor") and don't sign the visitor book. I can't see them parking off site and carrying their tools, ladders, other equipment on a shuttle bus.

In some cases maybe. I'd be surprised if all occasional visiting suppliers have fully approved passes... And their contracts won't be defined they are based on site. They will be engaged to so work on site as and when. Not the best comparison really. You've kind of made the point why they are different to us regarding the equipment as well. I'll bet suppliers such as this that are based on site permanently can't use visitors spots as well.

Not the best example to prove my poor definition.

[Ticktock]

In some cases maybe. I'd be surprised if all occasional visiting suppliers have fully approved passes... And their contracts won't be defined they are based on site. They will be engaged to so work on site as and when. Not the best comparison really. You've kind of made the point why they are different to us regarding the equipment as well. I'll bet suppliers such as this that are based on site permanently can't use visitors spots as well.

Not the best example to prove my poor definition.

I think the bottom line is "Tough - you can't park on site".