3 month notice period

[MyUserName]

Hello all,

I am tying things up with a new client but the agent has got back to me with an issue.

The client wants the 6 month contract to have a 3 month notice period.

Has anyone come across this before?
Does this make any difference from an IR35 perspective?

[Ignis Fatuus]

Hello all,

I am tying things up with a new client but the agent has got back to me with an issue.

The client wants the 6 month contract to have a 3 month notice period.

Has anyone come across this before?
Does this make any difference from an IR35 perspective?

I have come across it. On a renewal, the client asked for this. I said OK if they made that go both ways, and they accepted that. Shame for them because then the boss was replaced and the new guy gave all contractors notice.

[GeorgeB]

I have come across it. On a renewal, the client asked for this. I said OK if they made that go both ways, and they accepted that. Shame for them because then the boss was replaced and the new guy gave all contractors notice.

Thats quite funny, did you get your 3 Months?

[TheFaQQer]

Hello all,

I am tying things up with a new client but the agent has got back to me with an issue.

The client wants the 6 month contract to have a 3 month notice period.

Has anyone come across this before?
Does this make any difference from an IR35 perspective?

Who's side is the 3 month notice period on?

Seems pretty ridiculous to have it in there, to be honest.

[MyUserName]

Apparenlty at the moment it is 3 months on my side but 1 month on theirs.

I have asked for this to be changed to that both side match ISTR reading here that this might be an issue for IR35 (can anyone confirm either way?).

The agent claims that the company want to use their own contract rather than the standard agency one and this is the one clause which is causing a slight issue.

[northernladuk]

There is nothing wrong with 3 months with respect to IR35 but it is a bit ridiculous as TF says. The duration doesn't matter really. The thing that does worry me is that 3 months is also the normal time for management in a company. I would be worried what their contract says. Make sure you get it review by QDOS first.

[MyUserName]

It also seems to say that I can claim expenses from the agency??!?!?

I have mailed them to query that, I have never heard of it before - has anyone else?

[TheFaQQer]

It also seems to say that I can claim expenses from the agency??!?!?

I have mailed them to query that, I have never heard of it before - has anyone else?

Almost every contract I've done has been this way.

Current contract, I negotiated a lower rate to work from home, plus expenses for being away, but I'd think that is the exception rather than the rule.

[MyUserName]

Almost every contract I've done has been this way.

Current contract, I negotiated a lower rate to work from home, plus expenses for being away, but I'd think that is the exception rather than the rule.

Do you meant that your travel on a daily basis is normally included or that only exceptional travel that the client asks you to take on is included?

QDOS have queried the contract on a point but not for anything mentioned above.

[TheFaQQer]

Do you meant that your travel on a daily basis is normally included or that only exceptional travel that the client asks you to take on is included?

Regular travel is something that is included in the rate. This might be that every day it's one site, or on one contract that two days were on one site and three days on another.

Anything that isn't mentioned up front is something else, though.