3 months contract notice period

[TheFaQQer]

So it is better from IR35 perspective for me not to have non-equal notice periods?

It depends on who you ask

I'd argue that a notice period of one week from either party wouldn't produce MOO and would be atypical of an employer-employee relationship, therefore was a good pointer to being outside IR35.

[panadol]

It's not the length of period that is the IR35 indicator, it is the mutuality of obligation. Equal notice periods have been cited as indicators of employment status because of this.

If the client is not obliged to give you the same notice as you are to them then it removes any mutuality of obligation between you.

So it is better from IR35 perspective for me not to have non-equal notice periods?

[TheFaQQer]

It's not the length of period that is the IR35 indicator, it is the mutuality of obligation. Equal notice periods have been cited as indicators of employment status because of this.

If the client is not obliged to give you the same notice as you are to them then it removes any mutuality of obligation between you.

I was just suggesting phrases to tell agents

Qdos have in the past suggested that not being able to give notice provided MOO on my part, since I would have to be there.

[DaveB]

"My legal advice is that the notice periods should be reciprocal"

"Having a short notice period is better for my IR35 status - if I have to take a higher risk, then I'll need to rethink the rate to accommodate that"

It's not the length of period that is the IR35 indicator, it is the mutuality of obligation. Equal notice periods have been cited as indicators of employment status because of this.

If the client is not obliged to give you the same notice as you are to them then it removes any mutuality of obligation between you.

[TheFaQQer]

notice periods don't mean jack, its a three month contract with a month notice so if you have worked 9 weeks with 3 to go and you want to leave does that mean you have to work a week past your end date.

I think his point is that he wants to jump at every other opportunity than the one he is in without penalty.

[Support Monkey]

notice periods don't mean jack, its a three month contract with a month notice so if you have worked 9 weeks with 3 to go and you want to leave does that mean you have to work a week past your end date.

[TheFaQQer]

I would try and get a week to match the client but to be honest for me when negotiating a notice period I'm never sure what to give as a reason when they ask 'why' do you want it to be a week?'.

Rate, I'm ok negotiating, notice period I'm rubbish. I would love to know what people say.

"My legal advice is that the notice periods should be reciprocal"

"Having a short notice period is better for my IR35 status - if I have to take a higher risk, then I'll need to rethink the rate to accommodate that"

[curtis]

agency insists that it how the end-client does it

Yes the client probably does always have a weeks notice but I would not be surprised agencies wanting a month on your side it means there is more of a chance they will get all the money for the contract as it is harder for you to leave and therefore will stick with it even if you don't maybe want to.

I would try and get a week to match the client but to be honest for me when negotiating a notice period I'm never sure what to give as a reason when they ask 'why' do you want it to be a week?'.

Rate, I'm ok negotiating, notice period I'm rubbish. I would love to know what people say.

[TheFaQQer]

What is the typical notice period for a 3 months contract?

No such thing - there is no "typical" in contract negotiations. Anywhere from no notice down to 1 day.

To me, it doesn't sound fair, but agency insists that it how the end-client does it, and no one else had problem before.

Life isn't fair, and nor is business. You have three choices - accept, negotiate, walk away.

[northernladuk]

What is the typical notice period for a 3 months contract?
Reviewing my new contract today, there is a clause that I need to give 1 month notice, but the client only needs to give me a week's notice.

To me, it doesn't sound fair, but agency insists that it how the end-client does it, and no one else had problem before.

Is that common?

It is not fair cause people get contracts and then decide to not bother turning up on the first day cause the found something better so the notice periods for the rest of the decent guys gets more and more loaded against us. HTH

[Wanderer]

What is the typical notice period for a 3 months contract?
Reviewing my new contract today, there is a clause that I need to give 1 month notice, but the client only needs to give me a week's notice.

Go to the search box and type "notice period" or some such combination and I'm sure you will find a load of discussions about this very topic. People will give you a lot more respect here if you don't ask questions that have been asked so many times before.

agency insists that it how the end-client does it, and no one else had problem before. Is that common?

Yeah, they always come out with tulip like that. It's a standard agency line that they use on the new boys and girls.

[Mr.Whippy]

Yeah not being able to serve notice is getting more and more common these days... I guess it's to stop people from clearing off the second they find something better........

[TykeMerc]

What is the typical notice period for a 3 months contract?
Reviewing my new contract today, there is a clause that I need to give 1 month notice, but the client only needs to give me a week's notice.

To me, it doesn't sound fair, but agency insists that it how the end-client does it, and no one else had problem before.

Is that common?

It's not uncommon these days that you can't give notice at all! Unequal notice periods (if you can even give notice) are very much the norm.

As to it never being questioned before that's typical agent bollocks, they usually say that.

[panadol]

What is the typical notice period for a 3 months contract?
Reviewing my new contract today, there is a clause that I need to give 1 month notice, but the client only needs to give me a week's notice.

To me, it doesn't sound fair, but agency insists that it how the end-client does it, and no one else had problem before.

Is that common?