Reply to: Contract: Notice Period 3 Months

[northernladuk]

Be clear the difference between zero notice I.e can bin you on the spot and no notice though where you can't give notice.

[Milestone]

Talk to your agent - tell them your concerns. Or edit it yourself before signing.

No agent involved, going direct. As per some of the other replies this could be an IR35 issue, after a bit more research I have some good links to articles now stating the ideal IR35 position is no notice period and 3 months would be difficult to defend. So will flag this up and request notice in the contract is changed to something reasonable.

[vetran]

offer them 1 week for first 4 weeks, then 3 months after. Point out that they hardly want to keep an unhappy contractor with no experience.

so if either side hates each other they can escape at the beginning.

[Paddy]

I have been offered a contract with a 3 month notice period either way on an initial 6 month contract. Have not signed the contract yet; IR35 review stage. Even when I was a permie my maximum notice period was 1 month. I'd be more comfortable with 2, maximum 3, weeks. Any thoughts on pros/cons of such a long notice period?

Read
the
small
print
it's most likely that even if it is three months either side,
they can still dump you without notice under
some circumstances

[scooterscot]

Talk to your agent - tell them your concerns. Or edit it yourself before signing.

[BrilloPad]

Am sure that 3 months is frowned upon from an IR35 perspective. Just too long.

Unlike your bits that are too short.

Now we just need a mod to move this thread to the proper professional forum and give me a googleplex of infraction points.

[northernladuk]

Am sure that 3 months is frowned upon from an IR35 perspective. Just too long.

[northernladyuk]

Yes, but I am getting the wording checked as it is substitution on their approval, which to me indicates not true substitution and an element of control.

Sure. But if you really want to leave you can demand to send a substitute and generally be such a nuisance they let you go. Not ideal but nobody wants someone who does not want to be there. I wouldn't worry about it unless there as other alarm bells.

[original PM]

Yes, but I am getting the wording checked as it is substitution on their approval, which to me indicates not true substitution and an element of control.

Within reason.

A client could reasonably expect some proof your substitution is of a similar quality to you if they are still expected to pay the dollar.

[Milestone]

Do you have a substitution clause?

Yes, but I am getting the wording checked as it is substitution on their approval, which to me indicates not true substitution and an element of control.

[Milestone]

Do you believe that if they give you 3 months notice then they will give you work for 3 months? If so, it will give you some security.

Suppose you hate it though? Can you wait 3 months to get out?

That's the problem, not started the gig, don't know what people/environment are like, have good idea of scale/scope of project (I am a PM), and the project I am taking on is probably 2 years e-2-e. Just debating whether to insist on shorter notice period as 3 months is a long time.

[northernladyuk]

That's the problem, not started the gig, don't know what people/environment are like, have good idea of scale/scope of project (I am a PM), and the project I am taking on is probably 2 years e-2-e. Just debating whether to insist on shorter notice period as 3 months is a long time.

Do you have a substitution clause?

[Milestone]

Do you believe that if they give you 3 months notice then they will give you work for 3 months? If so, it will give you some security.

Suppose you hate it though? Can you wait 3 months to get out?

That's the problem, not started the gig, don't know what people/environment are like, have good idea of scale/scope of project (I am a PM), and the project I am taking on is probably 2 years e-2-e. Just debating whether to insist on shorter notice period as 3 months is a long time.

[northernladyuk]

I have been offered a contract with a 3 month notice period either way on an initial 6 month contract. Have not signed the contract yet; IR35 review stage. Even when I was a permie my maximum notice period was 1 month. I'd be more comfortable with 2, maximum 3, weeks. Any thoughts on pros/cons of such a long notice period?

You can always find a way to get out of it if you really want to.

[BrilloPad]

Do you believe that if they give you 3 months notice then they will give you work for 3 months? If so, it will give you some security.

Suppose you hate it though? Can you wait 3 months to get out?