Tied to a contract

[ruth11]

There's a difference between "no notice" and "not able to give notice", shirley?

No Notice - ie you can leave today and get paid for the work done and no hard feelings. That's what I would agree is very good for IR35 status.

Not able to give notice - ie you can't leave until the contract term is up sounds very much like INSIDE IR35 to me! You have no control over how long you work for these people.

Please correct me if I'm wrong?

[sathyaram_s]

If it is a B2B contract, it is YourCo that is tied in .. not you .. You may send a substitute ... If you manage to do this, there is no better IR35 defence

Not able to give notice - ie you can't leave until the contract term is up sounds very much like INSIDE IR35 to me! You have no control over how long you work for these people.

[r0bly0ns]

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

The contract is with your Ltd, not you personally.
There is nothing stopping you resigning from your limited company, but that limited company would still be under contract with the client.

[TheFaQQer]

There's a difference between "no notice" and "not able to give notice", shirley?

No Notice - ie you can leave today and get paid for the work done and no hard feelings. That's what I would agree is very good for IR35 status.

Not able to give notice - ie you can't leave until the contract term is up sounds very much like INSIDE IR35 to me! You have no control over how long you work for these people.

Please correct me if I'm wrong?

It's through an umbrella, so no IR35 issues to be had.

[ruth11]

It's through an umbrella, so no IR35 issues to be had.

Understood, in this case, but for those of us who are Ltd this question is still relevant.

[b0redom]

Say:

You have a sick relative you need to go look after
You've lost your license speeding
You've been arrested so you can't come in today

No company will want to keep a hostile employee, but you're probably burning bridges...

[TheFaQQer]

Understood, in this case, but for those of us who are Ltd this question is still relevant.

There's a difference between "no notice" and "not able to give notice", shirley?

No Notice - ie you can leave today and get paid for the work done and no hard feelings. That's what I would agree is very good for IR35 status.

Not able to give notice - ie you can't leave until the contract term is up sounds very much like INSIDE IR35 to me! You have no control over how long you work for these people.

Please correct me if I'm wrong?

If you have a contract with no MOO, then not being able to give notice is much more of a business arrangement rather than one of employment. So, not having a notice period is a better indicator of being outside IR35 than in - as long as there is no obligation to offer or accept other work, that is.

[grafter]

It's through an umbrella, so no IR35 issues to be had.

The umbrella has the contract with the agent not you. So its not you that cant give notice its the umbrella company. IR35 doesnt apply to you if you are an employee of the umbrella. Who is the umbrella company? Tell the umbrella company you are dealing with an employement lawyer over your emplolyment contract with them - ie not being able to give notice and see what happens! These umbrella comapanies are a bunch of shi*es and make £**** out of people like you so get rid of them as soon as pos.

[ruth11]

If you have a contract with no MOO, then not being able to give notice is much more of a business arrangement rather than one of employment. So, not having a notice period is a better indicator of being outside IR35 than in - as long as there is no obligation to offer or accept other work, that is.

I think MOO needs to be explained to me.

Mutuality of Obligation -in this instance you are obliged to work out the full contract without fail (ie you can't give notice), but the client is able to give you notice. I suppose that means that there is no "Mutual" obligation, only your company's obligation - is that what you're saying?

If the client wasn't able to give notice either, that would be MOO? Am I getting there now?!

[r0bly0ns]

My understanding of MOO is that if you have MOO the client can say "We have no work in this project for the next 2 weeks, so go and clean the toilets" and you would have too.


The same conversation without MOO would be "We have no work in this project for the next 2 weeks, so see you in two weeks"
But you don't get to invoice for those 2 weeks