termination clause

[backgetyou]

The other problem is fighting it if you are let go and you notice period is not paid.

Taking a company to court to get notice paid to you is a costly and tiem consuming experiance. There is also the chance that the judgement will not go your way.

Generally speaking a client is not going to drop you unless they are running out of money (in which case you may not get anything even if you do take them to court) or they really have nothing for you to do. If there is nothing for you to do why should you get paid?

I would expect most contracts to have a provision that if all of the work is completed they can get rid of you which is a perfectly sane and acceptible condition IMHO. With this in mind notice periods are meaningless.

You are right 'fighting' is the hassle but if judgement is awarded against you, its a small claim and you are not making a claim for the purpose of abuse then it does not matter if you lose it terms of cost it costs you just your time. If you are good at what you do and the client wants you to come back they will pay you anyway. If they dont you have to decide do I pursue it in which you may decide its not worth the hassle.

[backgetyou]

Incidentally, if you're getting paid for not working, you are caught by IR35, no matter what.

No you are not.

[Ardesco]

I would disagree.

If your contract is for a fixed amount over a fixed term (i.e. £30,000 to PM a project that will last 3 months) then what you say would apply. However if you are being paid a daily/hourly rate you only bill for the time you are actually working.

You will find that generally speaking businesses that allocate resource to a project have already agreed to a fixed amount for the project, that is why the resource is allocated to that project. They can then charge extra for work that is not specified in the original contract/shedule (hence why change controls cost so much, this is where the company makes a tulip load of virtually free profit).

If you have signed a contract that says that x worker will be available to x company and will not work for anybody else I would say you are probably a disguised employee anyway.

[Ardesco]

You are right 'fighting' is the hassle but if judgement is awarded against you, its a small claim and you are not making a claim for the purpose of abuse then it does not matter if you lose it terms of cost it costs you just your time. If you are good at what you do and the client wants you to come back they will pay you anyway. If they dont you have to decide do I pursue it in which you may decide its not worth the hassle.

No it costs you time that could be used earning more money. If I have to go to court for £2500 that I think a company should have paid me for my one week notice I have instantly lost a days worth of work (£500). It will also cost me travel/parking/court fees. If the company then gets the case adjourned I have to go to court another day (Another £500). As you can see 5 days going to court and i'm already running at a loss, this doesn't take into account the time taken to build my case, consult with lawyers, fill in and send various documents to the court via registered post, etc.

Unless you are owed a significant amount it is usually not worth the hassle as it will end up costing you more than you can claw back. it doesn't matter if you are in the right, sometimes it is not worth bothering.

[backgetyou]

If you have signed a contract that says that x worker will be available to x company and will not work for anybody else I would say you are probably a disguised employee anyway.

On this point you are correct, of course your circumstances will have a bearing but to expand. If you hold nothing else to indicate self employment then you may be classed as a diguised employee. Your working practice is much more important.

Its also worth saying if you declare yourself 'fully self-employed' it will only be an issue if anyone ever looks into your situation.

[Ardesco]

If HMRC put your contract clearly inside IR35 because of the T&C do you really think they will bother checking up on your working practices? Do you think you could win an IR35 case in court with a contract that is clearly caught?

You won't get very far trying to say that the contract you have signed is not what you are working to when you go to court.

[backgetyou]

No it costs you time that could be used earning more money. If I have to go to court for £2500 that I think a company should have paid me for my one week notice I have instantly lost a days worth of work (£500). It will also cost me travel/parking/court fees. If the company then gets the case adjourned I have to go to court another day (Another £500). As you can see 5 days going to court and i'm already running at a loss, this doesn't take into account the time taken to build my case, consult with lawyers, fill in and send various documents to the court via registered post, etc.

Unless you are owed a significant amount it is usually not worth the hassle as it will end up costing you more than you can claw back. it doesn't matter if you are in the right, sometimes it is not worth bothering.

The point you make is valid but the way you make it is wrong.

Small claims can be filed online. There is a fee but this is very small (the bit you gamble). The defendent cannot normally adjourne a small claim, it will be heard if either party is absent under the 7 day rule. You do not need to take the day off either if you live within driving distance of a court as typically a simple small claim such as what we are talking about will be decided very quickly, if this is not possible you can chose to have the claim heard 'by document' with no one present as I would suggest in this case. There is a risk that cases are running late if you do go but the whole idea of small claim is that its available to all. You cannot claim legal fees.

So you would be gambling your claim costs and an allocation fee if above a certain amount, dont read this wrong you may be right in that its not worth the hassle it depends how much you earn and how you are set up. In your case at £500 a day if its one week £2500 then you might blow it out as one of those things it depends on your circumstances.

[Ardesco]

Its also worth saying if you declare yourself 'fully self-employed' it will only be an issue if anyone ever looks into your situation.

This is never a justification to be taken seriously, and I really can 't belive you came out with it.......

You could also never pay any tax and declare to the HMRC that you have only collected £50 VAT a month when in actual fact you have collected £5000 VAT a month.

It will only be an issue if somebody looks into your situation, but if/when they do you will be bent over a barrel and ****ed royally just before they lock you up for a very long time.....

[backgetyou]

If HMRC put your contract clearly inside IR35 because of the T&C do you really think they will bother checking up on your working practices? Do you think you could win an IR35 case in court with a contract that is clearly caught?

You won't get very far trying to say that the contract you have signed is not what you are working to when you go to court.

Have you ever had an investigation? My contracts were not even requested to very far down the line and then only some of them. Most documents that I had requested were random they just said we need all documents between period x and period y.

[Ardesco]

Have you ever had an investigation? My contracts were not even requested to very far down the line and then only some of them. Most documents that I had requested were random they just said we need all documents between period x and period y.

Would that be an aspect investigation or an IR35 investigation ?