Contract notice periods - agents liability

[Groovie]

To anyone who can advise.

I was in a contract, where they wanted to extend, I was poached by another agent for another role, got an offer. Re-negotiated my T&C to include a month's notice period. Which I then duly signed. I issued my notice then current client - 2 weeks, penultimate day of the contract I receive a call stating that the end client has had to put the contract on ice, due to a funding issue.

So I have left a contract that they were happy to extend. I have a month's notice period which the agent have not complied with. I ask for a notice period even though it places me within IR35. I personally feel much more comfortable with a notice period, it has worked to my advantage before.

Are the agents liable for the month's notice?

Sorry if this is posted twice - technical fault - user incompetency.

Thanking you in advance for your advice.

[Olly]

I have a month's notice period which the agent have not complied with. I ask for a notice period even though it places me within IR35.
Are the agents liable for the month's notice?

Without wishing to sound flippant, what does it say in your contract?

I've never had a standard contract where the client was obliged to provide work therefore making notice period a complete nonsense in their favour.

When did the contract start? Perhaps it wasn't even in force which makes the whole point mute anyway

It's very unlikely that a notice period puts you within IR35. Where did you hear such a a hard and fast rule from?

Sorry to say it but this sort of thing happens all the time, you took the risk and got burned. Will any amount of grovelling allow you to retain your old contract if you still want to stay there?

[northernladuk]

What he said. Notice period means squat if they have a clause saying they will pay you for work you do. They say there is no work therefore no pay. End of story, no work no pay no notice period.

Notice periods don't put you in IR35 alone. Over a month will cause problems for IR35 insurance granted but it is just one aspect of a lot of others to make you in or out of IR35. Have a look at some posts or blogs on IR35. I think Malvolio has some good info.

The rest of it is just tough really. Sorry.

[Not So Wise]

To anyone who can advise.

I was in a contract, where they wanted to extend,... I receive a call stating that the end client has had to put the contract on ice

You took a gamble, it failed, such is life

I ask for a notice period even though it places me within IR35. I personally feel much more comfortable with a notice period

You might feel more comfortable, but it is a false comfort. If you read the T&C's of most contracts they have so many "get out" clauses that the notice period is worthless if client wants to end fast

Treat notice periods as "if we play nice and above board this is notice we will give you", nothing more

IR35 issue, see other posts above

Are the agents liable for the month's notice?

In theory yes, but chances of getting it without going to court are virtually nill and even if you went to court it's chancy because you never even started the contract.

And winning would put you bang into IR35 and probably change the industry that no contractor would want a notice period clause in their contract ever again because then it would be putting us all in IR35

[cojak]

To anyone who can advise.

I was in a contract, where they wanted to extend, I was poached by another agent for another role, got an offer. Re-negotiated my T&C to include a month's notice period. Which I then duly signed. I issued my notice then current client - 2 weeks, penultimate day of the contract I receive a call stating that the end client has had to put the contract on ice, due to a funding issue.

So I have left a contract that they were happy to extend. I have a month's notice period which the agent have not complied with. I ask for a notice period even though it places me within IR35. I personally feel much more comfortable with a notice period, it has worked to my advantage before.

Are the agents liable for the month's notice?

Sorry if this is posted twice - technical fault - user incompetency.

Thanking you in advance for your advice.

That's the risk you take when you're a contractor.

It's called the 'Greener Grass' syndrome...

Treat notice periods as "if we play nice and above board this is notice we will give you", nothing more

Absolutely.