Leave outside IR35 contract before before notice period ends because blanket approach

[Braba]

Hi there,

I am currently in a contract with a client and it's an outside IR35 that was supposed to go until 31/3/2020.

Client has decided to force everyone inside IR35 with new contracts that start om 1/3/2020. That means they will be giving everyone termination notice on 1/2/2020 allowing the new contract to start on 1/3/2020.

My notice period is 4 weeks, however client notice period is 1 week. I don't want to risk HMRC investigation because the company has decided to put everyone inside IR35 without doing individual assessments. So I want to leave.

I've found a new contract outside IR35, however they want someone with max 1 weeks notice period. My question is what are my options to leave my current contract without giving notice period?

[northernladuk]

Hi there,

I am currently in a contract with a client and it's an outside IR35 that was supposed to go until 31/3/2020.

Client has decided to force everyone inside IR35 with new contracts that start om 1/3/2020. That means they will be giving everyone termination notice on 1/2/2020 allowing the new contract to start on 1/3/2020.

My notice period is 4 weeks, however client notice period is 1 week. I don't want to risk HMRC investigation because the company has decided to put everyone inside IR35 without doing individual assessments. So I want to leave.

I've found a new contract outside IR35, however they want someone with max 1 weeks notice period. My question is what are my options to leave my current contract without giving notice period?

Contractually none. The only way out is to negotiate with your client.

[Paralytic]

Contractually none. The only way out is to negotiate with your client.

Agreed, but he could phone in sick. Say you've got the Coronavirus and they won't complain.

[ladymuck]

What's you're relationship like with the management? Talk to them and find out if there's wiggle room. Offer a substitute!

A possible get out is to say that you are going to be unavailable to offer your services from X date for a sufficiently lengthy period of time. It's not giving notice as such but it does make you less useful to them such that they may choose to serve notice on you. This has the potential to burn bridges though and wouldn't be my first choice of action.

Quite often, especially if you're via an agency, the client doesn't even know there's a four week notice period. I discovered this years ago on one gig - it had been put in by the agency to protect their commission stream, not to protect the client. They just got told they can the person off in a week if they're no good!

[ladymuck]

Also, don't quit until you've got a signed contract!!