Contract .... is this "Standard" ?

[malvolio]

Happy to clarify. I have discussed this money in lieu and no contractor right to termination several times when having contracts reviewed.

In all cases, whether having contracts reviewed by B&C or a contract lawyer, their advice has been broadly the same.

Employees have a resignation clause in their contracts of employment and also a right to money in lieu if dismissed without serving the notice period. Obviously, if the employee is dismissed for gross negligence then, they probably wont get money in lieu.

From an IR35 perspective, some people claim that a contractor not having the right to terminate is a good pointer to being outside of IR35. They base this on the premise that employees are not so restricted.

However, all the contract reviewers and contract lawyer I have used said this is not really the important factor. What is important is whether you receive money when terminating for work not done. This substantially weakens MOO in that you are in receipt of money when no work is done. (I know MOO is deeper than this.)

I guess everyone needs to take or should take a steer from their onw contract reviewer \ lawyer and Im happy with the advice I have received.

You are correct, the OP didnt make any reference to money in lieu and that my post may have been a little confusing (I was after all posting serupticiously from work at the time!).

I introduced money in lieu since my argument centered on the argument of no contrator right of termination vs right of termination and why no right isnt that important in the scheme of things.

Which, to be fair, is what I've always said when peopele demand notice periods. Good for IR35, not so good commercially. Just make sure your notice period is a lot longer than the client's if the latter is a concern. And bear in mind that the client always has other clauses that send you home without notice.

[Boo]

I just got a contract to sign ... Is that "Standard" ?

There's no such thing as "standard". You don't get what you deserve in business, you get what you negotiate. If you can't accept that term then you need to speak to the agent (before starting work) and persuade them to accept a different term in its place. If they won't then you have the usual choice of agreeing or walking, your choice and no-one can make it for you (I'd walk, personally).

Good luck,

Boo

[mos]

There's no such thing as "standard". You don't get what you deserve in business, you get what you negotiate. If you can't accept that term then you need to speak to the agent (before starting work) and persuade them to accept a different term in its place. If they won't then you have the usual choice of agreeing or walking, your choice and no-one can make it for you (I'd walk, personally).

Good luck,

Boo

Thanks Boo for your 2 cents.