Tied to a contract

**dr_beat** · 5 September 2007, 17:06

Hi Raj,

What is your job and why do you want to leave? Is it for more money etc.

Cheers

**raj** · 5 September 2007, 17:13

Hi dr_beat,
It is not really money.
I have an intresting dream permanent offer in Investment Bank more than the contract. The current contract is so boring. They already sacked few contractors and same went in 4 weeks notice. I think there won't be a problem in the client.
The agency is nearly milking me atleast 35% from me. I am sure the agency will not take this lightly as I am his top earner!

I am not sure what to do.

Thanks,
Raj

**Cowboy Bob** · 5 September 2007, 18:32

0) No notice on your side is a good thing as it disproves Mutuality Of Obligation (MOO) placing your firmly outside of IR35.
1) So, you still should have read the contract before agreeing it.
2) You should still have read it first.
3) Yes.
4) Yes.
5) They'll sue if they think it's worth it.
6) Doesn't matter, you don't have the option in the contract.

On the plus side, if you ask the client nicely, they may let you go without a fight. It's not guaranteed though. If all else fails, pee on the floor under your desk. That'll get you escorted off the premises pretty sharpish...

**MikeC1408** · 5 September 2007, 19:11

[QUOTE=Cowboy Bob;297678]0) No notice on your side is a good thing as it disproves Mutuality Of Obligation (MOO) placing your firmly outside of IR35.

Please excuse my ignorance on this one Bob but ss that a definate , Oh I hope so as I'm in a contract where I can not give notice.

**thunderlizard** · 5 September 2007, 19:45

Cowboy Bob seconded.

but don't feel unduly victimised. The contract you've described is normal for a business-to-business supply of services contract, like lots of us lot do.

**NotAllThere** · 6 September 2007, 05:17

No notice is about as close a silver bullet for IR35 as you are going to get.

For Raj, maybe it works like this - but I don't know precisely how brollies work. You are an employee of the umbrella company. Your employer cannot force you to work - antislavery laws. The worst they can do is sue for loss of income. As an employee your notice period, under law, is driven by your payment period. If you're paid weekly, then your notice period is 1 week. ( Any other employment notice periods have no force in law - many employers don't know this, or choose to ignore it, or rely on ignorance, or "good faith", when they put out 3 months notice periods etc. )

It seems like if you quit, there's little the umbrella, agent or client can do against you. A lot depends on precisely what your contracts with the various parties actually say.

NotAllThere

**MikeC1408** · 6 September 2007, 07:49

Originally posted by NotAllThere View Post

No notice is about as close a silver bullet for IR35 as you are going to get.

So working through my own Ltd and not have a notice period I can initiate is as close as I'll get

Happy Days

**VectraMan** · 6 September 2007, 08:10

Originally posted by NotAllThere View Post

It seems like if you quit, there's little the umbrella, agent or client can do against you. A lot depends on precisely what your contracts with the various parties actually say.

The contract with the umbrella will indemnify them against any losses resulting from the contract. So when you walk out, the agent sues the umbrella and the umbrella will sue you.

There may be a get out with employment law though, as the umbrella is effectively your employer and can an employee be liable for his employers losses?

**someone has my name** · 7 September 2007, 11:00

No notice on a contract? ..
if you are really desprate to leave,
I think its illegal under european emplotment law...
though I could be wrong

Tied to a contract