Reply to: Notice under IR 35 period

[northernladuk]

My contract is with the umbrella company which clearly stipulates 0 days notice period.

I am finding this a little hard to believe, even if you can sort out the difference between the contract between you and the brollu and the one between them and the client.

[WTFH]

Does your contract stipulate if you'll get paid, if you walk with 0 days notice?

[eek]

Indeed

So basically the question is are we psychic and able to determine if your contract (which no one except yourself has access to) has clauses in it that negate that clause.

Sorry but I don't think even Jesus could do that for you.

So call the umbrella say you want to invoke the clause and watch what happens.

[omizdea]

On both sides?

Indeed

[eek]

My contract is with the umbrella company which clearly stipulates 0 days notice period.

On both sides?

[omizdea]

My contract is with the umbrella company which clearly stipulates 0 days notice period.

[jayn200]

Hard for us to know if there are any hidden clauses in your contracts. I would look at every contract you signed just to make sure there is no issue.

[GhostofTarbera]

Hi,

I am current working under an assignment under IR35. My contract with the current Umbrella company specifies a 0 days notice period. Are there any legal related hidden clauses that will prevent me to leave the next day the current assignment if I give notice?

Thank you.

You are confused


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[anonymouse]

Generally the termination period is the same as that from the end client/agency to the brolly. 0 days notice either way in mine. So "nope", nothing legal to stop the OP leaving. Would have been better posted under the brollies section.

[jamesbrown]

True.

[eek]

The OP is an employee of the umbrella, which is business to individual via an employment contract. The contract between the umbrella and the agency or client is B2B. Both will have notice periods and termination clauses. The OP was asking about their umbrella company, no?

I suspect the OP doesn't quite understand what he is asking - and we will only find out after 15 cryptic rounds of 100 questions.

[jamesbrown]

Eh?

If you have a contract with a client or agency you can still give notice per that contract's terms. The umbrella doesn't, IIRC, determine when you can leave the job.

The OP needs to clarify what they're asking before we speculate as to the relationships between however many entities there may be.

The OP is an employee of the umbrella, which is business to individual via an employment contract. The contract between the umbrella and the agency or client is B2B. Both will have notice periods and termination clauses. The OP was asking about their umbrella company, no?

[eek]

Hi,

I am current working under an assignment under IR35. My contract with the current Umbrella company specifies a 0 days notice period. Are there any legal related hidden clauses that will prevent me to leave the next day the current assignment if I give notice?

Thank you.

Your contact with the umbrella or your contract with the agency?

[ladymuck]

If you're working through an umbrella, then IR35 is irrelevant, so your post is kinda confusing.

I assume you mean that, upon contract negotiation, either an umbrella was mandated or it was optional, with another option being to work through a company with the contract being inside IR35, but you chose the umbrella route.

Anyway, now you're an umbrella employee, your contract of employment is with the umbrella and that is the thing that governs your relationship. If that says a thing, then it's a thing. I haven't worked through an umbrella, so I cannot say whether this is typical, but I suppose I would expect it to be coordinated with the upper contract and for the upper contract to have a notice period, but that doesn't really matter to you.

Eh?

If you have a contract with a client or agency you can still give notice per that contract's terms. The umbrella doesn't, IIRC, determine when you can leave the job.

The OP needs to clarify what they're asking before we speculate as to the relationships between however many entities there may be.

[jamesbrown]

If you're working through an umbrella, then IR35 is irrelevant, so your post is kinda confusing.

I assume you mean that, upon contract negotiation, either an umbrella was mandated or it was optional, with another option being to work through a company with the contract being inside IR35, but you chose the umbrella route.

Anyway, now you're an umbrella employee, your contract of employment is with the umbrella and that is the thing that governs your relationship. If that says a thing, then it's a thing. I haven't worked through an umbrella, so I cannot say whether this is typical, but I suppose I would expect it to be coordinated with the upper contract and for the upper contract to have a notice period, but that doesn't really matter to you.