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Inside IR35 role: Notice Periods

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    Inside IR35 role: Notice Periods

    In the good old days I looked for zero day notice periods, client and Ltd Co, b2b relationship.

    I'm taking a well paying inside IR35 role but there's no mention of notice periods in the contract. Is this good or bad? The agency don't have an answer but say the client can still get rid of me at any time. However they have also said that I can't give notice on the contract at any time. If unwell or something awful happens the client could initiate the termination of the contract.

    Has anybody encountered this before? Being unable to give notice on an inside IR35 contract doesn't make sense, because I'm not trying to cover myself from an IR35 investigation as the contract is already inside IR35. It seems that under these circumstances it would be better to have a notice period that is in line with an employee contract or something more sensible, such as client/contractor 7 days notice.

    #2
    Originally posted by agentzero View Post
    In the good old days I looked for zero day notice periods, client and Ltd Co, b2b relationship.

    I'm taking a well paying inside IR35 role but there's no mention of notice periods in the contract. Is this good or bad? The agency don't have an answer but say the client can still get rid of me at any time. However they have also said that I can't give notice on the contract at any time. If unwell or something awful happens the client could initiate the termination of the contract.

    Has anybody encountered this before? Being unable to give notice on an inside IR35 contract doesn't make sense, because I'm not trying to cover myself from an IR35 investigation as the contract is already inside IR35. It seems that under these circumstances it would be better to have a notice period that is in line with an employee contract or something more sensible, such as client/contractor 7 days notice.
    why don't you ask your employer?
    See You Next Tuesday

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      #3
      How is that possible? The only interaction I have is with the agency who don't know the answer. This is a new world for agencies, end clients and employers in most cases.

      There seems little point in not having a notice period for the contractor to use if needed, which may as well be 1 week or 4 weeks if the end client deems zero days a no-go.

      Comment


        #4
        That sounds like the old Barclay's contracts.

        We can and will get shot of you at zero notice (or cut rates by 10%) but you can't leave before the contract end date.

        The legality of that on a contract of employment will be an interesting court case when it arrives.
        merely at clientco for the entertainment

        Comment


          #5
          Notice is fundamental to any contract. The tax situation of that contract should not affect it. It's still a B2B contract (forgetting you are employed by a brolly for the moment). In any contract should be some fundamental agreements and notice is one of them.

          Not having a notice clause isn't unusual. We've had the same questions in the past on outside gigs. It is pretty poor not to have one in setting the situation out clearly for both the contractor and the client. They client should really have it in to protect themselves, not just please the contractor. They could be open to legal action if they terminate on the day and you think it should be 30 days. We know full well legal action won't happen but you know what I mean.

          Send the contract back with the notice period you would like and then let them negotiate it. Don't sign it without one. They may come back and say there is no notice period as you cannot give notice. Fair enough, you've at least clarified the situation. If you don't want to be bothered to draft one then at least push the agency/client as to why it's not there and seek clarification.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            There have been contracts with 'no notice' as in, you're expected to serve the whole contract and not leave early (with notice). Never entirely sure how enforceable that is. Reminds me of that bit in Office Space where Peter says he's just not going to go work any more. Not quitting, just not turning up either.

            There really ought to be a termination clause in the contract of some description. Are you saying there is simply no such clause?

            Comment


              #7
              Originally posted by northernladuk View Post
              Notice is fundamental to any contract. The tax situation of that contract should not affect it. It's still a B2B contract (forgetting you are employed by a brolly for the moment). In any contract should be some fundamental agreements and notice is one of them.

              Not having a notice clause isn't unusual. We've had the same questions in the past on outside gigs. It is pretty poor not to have one in setting the situation out clearly for both the contractor and the client. They client should really have it in to protect themselves, not just please the contractor. They could be open to legal action if they terminate on the day and you think it should be 30 days. We know full well legal action won't happen but you know what I mean.

              Send the contract back with the notice period you would like and then let them negotiate it. Don't sign it without one. They may come back and say there is no notice period as you cannot give notice. Fair enough, you've at least clarified the situation. If you don't want to be bothered to draft one then at least push the agency/client as to why it's not there and seek clarification.
              While I will try to negotiate, it does seem that a client cannot give notice if there is no notice period on the contract within an inside IR35 contract. If it's expected that I will complete the project for the due date then surely it is reciprocal if there is no notice period for the client specified in the contract.

              Comment


                #8
                Originally posted by ladymuck View Post
                There have been contracts with 'no notice' as in, you're expected to serve the whole contract and not leave early (with notice). Never entirely sure how enforceable that is. Reminds me of that bit in Office Space where Peter says he's just not going to go work any more. Not quitting, just not turning up either.

                There really ought to be a termination clause in the contract of some description. Are you saying there is simply no such clause?

                There is no such clause for client/agency/umbrella/employer/employee of any notice period in the contract, which is extremely unusual.

                Comment


                  #9
                  Originally posted by agentzero View Post
                  How is that possible? The only interaction I have is with the agency who don't know the answer. This is a new world for agencies, end clients and employers in most cases.

                  There seems little point in not having a notice period for the contractor to use if needed, which may as well be 1 week or 4 weeks if the end client deems zero days a no-go.
                  I meant the umbrella you're going to use. They will be your employer.
                  See You Next Tuesday

                  Comment


                    #10
                    Originally posted by agentzero View Post


                    There is no such clause for client/agency/umbrella/employer/employee of any notice period in the contract, which is extremely unusual.
                    Then as suggested, go back with a copy/paste of a decent termination clause from a previous contract.

                    Are you going to be on agency payroll or via a brolly?

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