Uneven notice periods in contract with agency

[psychocandy]

I even had a month extension once where client/agent refused to change the notice period. Notice period was 4 weeks.

I did point out that it was pretty stupid even putting in a notice period like this.

[socialworker]

I see, thanks. So basically, the uneven notice periods in this agency contract aren't bad for IR35, so I might as well sign it as is, all things being equal.

[malvolio]

so uneven notice is bad for IR35, but

No, wrong. It's good for IR35; permies have to have matching, reciprocal notice periods. You don't need one at all

"Any decent contract review lawyer \ specialist will tell you having the same termination period for both parties is a slight indicator to IR35 caught (since employees have recipricol notice periods). "

even notice periods also bad .....

Yep, let you have that one, but it is a marginal indicator at best...

so what do you big boys have in yours? No notice periods at all? It wouldnt actually bother me as the only way I will get terminated is when the funding runs out, the work never runs out.

Precisely. Ignore them, I do. If you don't have one clearly you aren't a permie so IR35 shouldn't apply. If you want out, negotiate or find a subbie.

[socialworker]

It does. Assymetric notice periods mean an irreducible level of Mutuality which means...?

so uneven notice is bad for IR35, but

"Any decent contract review lawyer \ specialist will tell you having the same termination period for both parties is a slight indicator to IR35 caught (since employees have recipricol notice periods). "

even notice periods also bad .....

so what do you big boys have in yours? No notice periods at all? It wouldnt actually bother me as the only way I will get terminated is when the funding runs out, the work never runs out.

[northernladuk]

Notice is for permies. If they don't want you the money will stop coming in right there whatever it says.

You could try a search for notice period. Same, none, different... All been discussed.. a lot!

[SimonMac]

Odds are there is something in the contract which say's if they have no work for you they don't have to pay you which is essentially immediate notice anyway, is this the only sticking point? Ask for them to stick a week in their but I know lots of contractors who would like to only have to give two weeks notice to their client.

[BolshieBastard]

Having just set up myco ltd I have been sent a contract from the agency. Mostly look ok but includes notice periods which are 2 weeks for Myco and immediate for the agency. Seems unfair, quite happy for one week on either side or even immediate on either side, any thoughts out there?

Any decent contract review lawyer \ specialist will tell you having the same termination period for both parties is a slight indicator to IR35 caught (since employees have recipricol notice periods).

[Darksider]

Ahh, now that's a different matter altogether

[malvolio]

Agreed, Im not so much bothered about the two weeks as to whether it has any IR35 implications

It does. Assymetric notice periods mean an irreducible level of Mutuality which means...?

[socialworker]

Agreed, Im not so much bothered about the two weeks as to whether it has any IR35 implications

[Darksider]

Some agencies do go for the immediate release.

I think the key factors for me would be - Hold long the contract is for and how badly you need it. There are much worse things to argue about than a 2 week notice period

[socialworker]

Having just set up myco ltd I have been sent a contract from the agency. Mostly look ok but includes notice periods which are 2 weeks for Myco and immediate for the agency. Seems unfair, quite happy for one week on either side or even immediate on either side, any thoughts out there?