Notice period and contract termination

[northernladuk]

so what is your answer to my question? they should give notice during the redundancy process?

Redundancy process???? What is this supposed to mean? Next you are going to use the term 'employer' or something.

[TheFaQQer]

So if we're agreed that they are of no practical value, how about we all agree that the best option is therefore one month from the client and none from you. That way, you have a useful addition to your IR35 defence portfolio, which does have a value.

That's not what Qdos say.

Two separate contract reviews by them:

Ideally you should have the same right as XXX Agency to terminate the services. By not having the right to terminate the services implies that you have an obligation towards XXX Agency.

Clause 3.1 e) states that you are not able to terminate the agreement until completion which creates a mutuality of obligation issue. You should have equal rights to the client/agent. This needs to be amended.

Although I can see it both ways, I'll go with the advice from the people that insure me.

[7of9]

Redundancy process???? What is this supposed to mean? Next you are going to use the term 'employer' or something.

I meant the period the client co cuts off jobs in their companies and make their employees redundant.

And who said I am going to use ‘employer’ next? Are you having a bad day?

[7of9]

That's not what Qdos say.

Two separate contract reviews by them:




Although I can see it both ways, I'll go with the advice from the people that insure me.

I got similar reviews from them. The original contact said I could not terminate the contract but the agency can as long as they give 1 month notice.
I asked them to change my notice period to 1 month and they did it immediately.

[northernladuk]

I meant the period the client co cuts off jobs in their companies and make their employees redundant.

And who said I am going to use ‘employer’ next? Are you having a bad day?

No but you are grouping yourself in with employees so affectively admitting IR35. Your client making employees redundant has absolutely no bearing on what happens to you. Your contract is different, your style of work and value to the client are all different. How they get rid of you and when they get rid of you is different and so on.

It could be a time to be careful but shouldn't be the judge of what happens to you. Often the client wants to reduce headcount and the contractor/managed service accounts is a way of hiding heads so could mean an upsurge in contracts.

[malvolio]

That's not what Qdos say.

Two separate contract reviews by them:




Although I can see it both ways, I'll go with the advice from the people that insure me.

Musn't argue with the experts. But any set notice period implies you can be paid for work without actually having any work to do, which rather blows a hole in the MOO argument. Since you won't actually get paid without a timesheet, why run the risk? It's not like a client is going to honour it anyway.

[northernladuk]

Musn't argue with the experts. But any set notice period implies you can be paid for work without actually having any work to do, which rather blows a hole in the MOO argument. Since you won't actually get paid without a timesheet, why run the risk? It's not like a client is going to honour it anyway.

Notice doesn't impy there is no work. Notice can be timed with the end of the work. If the work finishes early MOO is exercised and you don't get paid when there is no work. This is totally acceptable surely and from my experience is the norm. Clients not honouring notice and paying for doing no work is much rarer and should be taken as exceptional cases surely?

[malvolio]

Notice doesn't impy there is no work. Notice can be timed with the end of the work. If the work finishes early MOO is exercised and you don't get paid when there is no work. This is totally acceptable surely and from my experience is the norm. Clients not honouring notice and paying for doing no work is much rarer and should be taken as exceptional cases surely?

Like I said earler - notice is for when someone wants to stop earlier than the contract term stipulates. If one side knows it's happening they should give notice at the agreed point. If, however, it's rather more sudden, then basically it's tough but that's why we are contractors.

However, if they want you gone, for whatever reason, they will find a reason that transcends notice: performance of duties is the usual one as our delusional feline friend discovered. So in reality the notice period has no practical meaning.

Where it goes wrong is when a contractor is binned with no or very little notice and insists on being paid for the notice period, which is contractually correct but suicide for IR35 and highly likely to tee off the client.

What I'm saying is that contractors should not expect to be paid for any non-working time, and that includes notice periods.

[northernladuk]

<stuff>
Where it goes wrong is when a contractor is binned with no or very little notice and insists on being paid for the notice period, which is contractually correct but suicide for IR35 and highly likely to tee off the client.

What I'm saying is that contractors should not expect to be paid for any non-working time, and that includes notice periods.

Certainly have no argument with the way that is put at all.

[Freamon]

Notice doesn't impy there is no work. Notice can be timed with the end of the work. If the work finishes early MOO is exercised and you don't get paid when there is no work. This is totally acceptable surely and from my experience is the norm. Clients not honouring notice and paying for doing no work is much rarer and should be taken as exceptional cases surely?

In my experience this only occurs (from a practical point of view) when the client wants to retain the contractor for the next project which is kicking off in a few weeks. The client will usually then find you something to keep busy between projects.

In that situation, if you think it would go down well, it might be worth offering to take some of the quiet period off. Not sure if this might also help with IR35 as you could argue that when there was no work, you weren't being paid.