confused: Zero day notice on my side good or bad?

[IR35FanClub]

I've read the previous posts, had my contract reviewed and have now got myself in a knot of confusion based on conflicting advice.

I think the first principle to understand is that this is a business to business contract - me the person having "permie type notice" is not the issue here. I have enough warchest to take being booted off site, tomorrow, on the chin.

My contract review hilighted the fact that as my company has no notice period this can be seen as bad from IR35 perspective as the client and agency has a 10 day notice period they can give me.

I've read some articles that say having zero notice on my side is good as it shows there's a commercial risk should I decide to try and leave early - i.e. I could be sued for not providing the service as contracted.

The contract review company said I should get a notice period in - which I'm trying to do but unsure if the client or agency will accept this.

The agency is saying similar to the article I read. Having a notice period makes you look a bit more like a permie as you want some kind of protection for future earnings, rather than having a contract to provide X service for Y period. For once - I'm inclined to think they may not be telling tulip.

I'm not really bothered what the answer is - I just want to have best practice from an IR35 point of view and also to give the client good service. I.e I'm not likely to walk mid-contract unless there's severe personal circumstances, I can deal with bad managers and the like as my career at the site isn't dependent on it. Plus, I tend to hang around till the end of projects and see them through anyway - ie. till the point where they stop renewing as there's not much work left to do.

What others opinions on this? Do I leave the contract with me unable to give notice(apart from negotiation) - or get it changed so we both have say 20 days each? Please bear in mind my initial point - this is not about me having income protection, and job safety, I'm a contractor and want to make it clear in any future IR35 investigation that my contracts support this statement.

Cheers.

[northernladuk]

Some reading that might be of interest....

http://forums.contractoruk.com/busin...rmination.html

http://forums.contractoruk.com/busin...-scenario.html

http://forums.contractoruk.com/busin...tice-ir35.html

http://forums.contractoruk.com/busin...rmination.html

http://forums.contractoruk.com/busin...ods-again.html

http://forums.contractoruk.com/busin...-standard.html

http://forums.contractoruk.com/busin...ce-period.html

Personally I don't think it is enough of a pointer to worry about if everything else is bolted down tight. No one single thing puts you inside, just lots of flags. If this is the only one you have then your ok IMO.

Remember large B2B contracts have notice periods. If we want to kick a supplier out of here we have to give huge notice periods. It is notice on the business arragenement not on the individual if that helps.

[jmo21]

Some reading for PedanticLadUK

I've read the previous posts, had my contract reviewed and have now got myself in a knot of confusion based on conflicting advice.

[northernladuk]

Some reading for PedanticLadUK

If you skim all those threads it isn't conflicting at all hence me posting them again to make sure he is reading the same ones. My apologies for attempting to help the OP instead of giving stick to the one person that has bothered to reply so far. If he doesn't like what I posted he can skip to the next useful after it... Oh.. no he can't.... there isn't one...I see EscapeUK's fan club is up to 2 now.

We had that numpty on about a company car earlier and he said he had done a search....

[IR35FanClub]

If you skim all those threads it isn't conflicting at all hence me posting them again to make sure he is reading the same ones. My apologies for attempting to help the OP instead of giving stick to the one person that has bothered to reply so far. If he doesn't like what I posted he can skip to the next useful after it... Oh.. no he can't.... there isn't one...I see EscapeUK's fan club is up to 2 now.

We had that numpty on about a company car earlier and he said he had done a search....

Thanks, there's some there that I hadn't come across. I'll see if I can get myself proper confused. Got to hurry up as I haven't signed the contract yet and need to be onsite tomorrow. Oh Well.

[malvolio]

Thanks, there's some there that I hadn't come across. I'll see if I can get myself proper confused. Got to hurry up as I haven't signed the contract yet and need to be onsite tomorrow. Oh Well.

Best IR35 answer is zero notice - can't be done for an employee, plus it deomnstrates a degree of financial risk.

Commercially not so good, you want as much notice as you can get to maximise your earning and minimise your risks; excpet somewhere else will be a performance clause that puts you out the door in minutes flat anyway.

So go for zero notice. You don't need it. Simples...

[IR35FanClub]

Best IR35 answer is zero notice - can't be done for an employee, plus it deomnstrates a degree of financial risk.

Commercially not so good, you want as much notice as you can get to maximise your earning and minimise your risks; excpet somewhere else will be a performance clause that puts you out the door in minutes flat anyway.

So go for zero notice. You don't need it. Simples...

Thanks for the advice folks. The links were very useful. In the end however I've decided to pass on this contract. Its a renewal and the thing is, despite what the contract says, the politics are starting to piss me off, and starting to border on me losing direction and control. So it doesn't matter what the contract says. A couple of things that came through in emails today were the final straw. I need to be sure I'm outside IR35, not chance it.

I've decided to enjoy some time off which is why I started contracting in the first place to get more holiday while earning more money. 5 years down the line - I seemed to have forgotten that.

[escapeUK]

I've decided to enjoy some time off which is why I started contracting in the first place to get more holiday while earning more money. 5 years down the line - I seemed to have forgotten that.

Me too. 3 Years of constant working end of this years and Im very rich and very tired.

[jeanvaljean]

No notice period versus early termination

In summary:

Client wants to bring forward end date of my contract but none of the reasons for termination as outlined in contract (misconduct, no further assignment, poor performance) applies.

Third party consultant wants to replace me and the client is buying this.

Feel very strongly client is in breach of contract but 'no notice period' with agency is clearly stated - but so are the reasons for termination of contract none of which applies - and agency and client are in agreement that none applies.

Is my goose well and truly cooked or do I have a case? It's only another 13 days but heck, it's (partly) the principle.

Jeanvaljean

[northernladuk]

When you say no notice don't you mean you cannot give notice and they can? What does it say in your contract about their notice period?