Dealing with notice periods

**kal** · 5 December 2013, 17:07

Originally posted by psychocandy View Post

Always the same. Have an interview and agent tries to get info about whether you're going to accept it or not.

Every time I answer yes it was pretty good but its all subject to contract.

Contract turns up. Client has got one week notice period, you've got one month or none at all. Trying to get this changed is then a nightmare with agency telling you it can't be changed because its got to reflect what they sign with client.

Got a gig looking good and I've told the agent that its not what I normally do, the rate is poor, and I wouldn't plan to be there for ever. He knows I may bail if something comes along. But his head is in the sand and hes hoping I'll stay I guess.

I'm betting the notice period is going to be as above. Any suggestions on how to negotiate this? Or is it just dig in heels and refuse to sign otherwise?
Don't want to make it look like I'm going to bail at the first opportunity but would like equal flexibility.

If I sign a contract for x months I finish it. Have never utilized any notice period, just don't accept renewals if I am ready to move. Appreciate that the tulipe rate you're having to accept makes it more important to do so, maybe see if they will compromise on 2 weeks?

**psychocandy** · 5 December 2013, 17:15

Originally posted by kal View Post

If I sign a contract for x months I finish it. Have never utilized any notice period, just don't accept renewals if I am ready to move. Appreciate that the tulipe rate you're having to accept makes it more important to do so, maybe see if they will compromise on 2 weeks?

Generally, not something I'd do either. Tried to explain to agent that so I'm up front about things....

**The Spartan** · 5 December 2013, 17:25

I bailed 2 and half months into a 3 month contract, the client wasn't happy but that's just the way it goes sometimes. I start a new gig on Monday and it looks like it'll be a good 'un still you never know till you're doing it, but at least I'll be building on my skill set while I'm there.

**Bellona** · 5 December 2013, 17:44

Originally posted by kal View Post

maybe see if they will compromise on 2 weeks?

+1

**TheCyclingProgrammer** · 5 December 2013, 17:45

Why do you expect a notice period? What do you hope to get from a notice period if the client tells you there is no more work for you?

Ultimately, notice periods are nothing more than a courtesy. Client isn't obliged to provide you with work on any given day so all a notice period gives you is some advance notice that the contract is going to end. Client could just stop giving you work from the moment they give you notice so the length of the period - which means you don't get paid. Doesn't seem to really matter, does it?

(all of the above assuming you're working outside of IR35)

**infosec** · 5 December 2013, 18:03

If you consider yourself out side of ir35 then you don't want any notice period on either side, clients says leave, you leave that day. You have to finish the contract, but in reality they may let you go - I asked and was allowed to leave etc.

If your inside ir35, then say fairs fair, what they have is what you have. There is no right or wrong, just what you can negotiate. If they want you to have a longer notice period, agree if they will agree to the same on their side. If agent is a idiot, speak to client politely if you can?

**psychocandy** · 5 December 2013, 18:51

Yes all this no work no pay etc is all fair enough. It should work like that with notice periods being pretty much irrelevant. If client decides they've no work then thats it and also if consultant declines to take on any more work they don't have to.

BUT, in reality it rarely works like that. 'Most' clients don't understand this and just look at the notice period. Most will give a notice period if they want someone gone and almost all will expect a contractor to work the notice period (saying that though very few clients will say ok fair enough you've given notice thats fine - most will be unhappy).

Would be interested to hear from anyone whos said to client, well its a month notice, so here it is, but I won't actually be in for the next month because I'm going to decline the work. Would cause a riot!

I would bet there are, however, some contractors who've been given the boot straight away this way.

**Old Greg** · 5 December 2013, 21:04

Sign the contract.

When you need to bail, tell them you will be unavailable for work from two weeks time for two weeks. Then give one month's notice.

**Zero Liability** · 5 December 2013, 21:26

Originally posted by TheCyclingProgrammer View Post

Why do you expect a notice period? What do you hope to get from a notice period if the client tells you there is no more work for you?

Ultimately, notice periods are nothing more than a courtesy. Client isn't obliged to provide you with work on any given day so all a notice period gives you is some advance notice that the contract is going to end. Client could just stop giving you work from the moment they give you notice so the length of the period - which means you don't get paid. Doesn't seem to really matter, does it?

(all of the above assuming you're working outside of IR35)

This is pretty much how the client I deal with treats it, the notice period is only there for project planning and as a courtesy (on both ends, although of course no show, no pay), and there are provisions for terminating the contract on the spot, if expectations are not met, which they do.

Dealing with notice periods