Reply to: Can i ask for notice period clause in my contract?

[aceboy]

Good luck with that!!!

It happened at this client site about 3 months ago - hence I jumped the band wagon......

[kingcook]

get paid for 3 months while I do nothing

Good luck with that!!!

[northernladuk]

get paid for 3 months while I do nothing

Did you miss this??

You not having a notice period isn't actually a problem for IR35 either way. However them having a 28 day notice period means they may have to pay you when there's no work to be done, which is bad for IR35.

[northernladuk]

And your point is?...

The question would be what is yours?

[aceboy]

Whooopy woooo

And your point is?...

[aceboy]

What are you going to do if the project you're working on finishes early (for whatever reason)?

get paid for 3 months while I do nothing

[malvolio]

Or, more likely, the contractor has to give them 28 days notice of termination of contract, and they don't have to give him any. Which means there is no moo, and that's good for being out of IR25.

There is always mutuality, else you wouldn't be paid - unless the rules are different for IR25 of course ( ) - and the best you can aim for is an irreduceable minimum of mutuality. But nitpicking aside, basically you are right.

Commercially the best deal is assymetric notice period (a month for you , a week for them perhaps), for IR35 the best is no notice periods at all. Arguing for matching or long notice periods and celebrating having one, is strictly permie thinking.

And of course, we don't build our lives around the vagaries of IR35 at the expense of a decent working environment, do we...

[NotAllThere]

You not having a notice period isn't actually a problem for IR35 either way. However them having a 28 day notice period means they may have to pay you when there's no work to be done, which is bad for IR35....

Or, more likely, the contractor has to give them 28 days notice of termination of contract, and they don't have to give him any. Which means there is no moo, and that's good for being out of IR25.

[northernladuk]

Is there any indication of mutality of obligation in the contract?

If none exists then no notice period is required, and any notice period can be invalidated anyway.

i.e the supplier may refuse to perform services to the client, and the client may refuse to supply work to the supplier.

I would guess that is a <whoooosh> to the OP.

[FarmerPalmer]

Is there any indication of mutality of obligation in the contract?

If none exists then no notice period is required, and any notice period can be invalidated anyway.

i.e the supplier may refuse to perform services to the client, and the client may refuse to supply work to the supplier.

[northernladuk]

I have a 3 month notice period in my contract. My accountants (It contractor specialists) said the contract was ok

Whooopy woooo

[kingcook]

I have a 3 month notice period in my contract. My accountants (It contractor specialists) said the contract was ok

What are you going to do if the project you're working on finishes early (for whatever reason)?

[aceboy]

I have a 3 month notice period in my contract. My accountants (It contractor specialists) said the contract was ok

[malvolio]

You not having a notice period isn't actually a problem for IR35 either way. However them having a 28 day notice period means they may have to pay you when there's no work to be done, which is bad for IR35.

However, as has been said - get it reviewed by someone like Bauer and Cotterill and then get reading, you have no idea how much you don't know.

[northernladuk]

No it is not okay to ask for this in your contract.

Do I assume you are not getting it checked by QDOS and the like first either?