Client Assessment and Resignation Letter

[deeppanda]

Hi all,

Firstly, I would like to say thank you to Cojak for the IR35 Guide https://www.contractoruk.com/forums/...ould-i-go.html.

I have my assessment in January and want ask what the best approach should be. With the guide it mentions to leave before your assessment date. I'm in an unusual situation working in the public sector and never interacting directly with the client and instead contracting through a large consultancy firm. The consultancy firm have spoken with with the client and will be doing their own assessment which will be given to us in Janrary. Been told that many of the public sectors were changed to outside to attract the best talent and with the banking sector not wanting any suppliers or contractors to be be outside IR35, I suspect we will be blanket determined 'inside'.

Wasn't intending to stay there long term, I wanted to see what the assessment says as there is a chance it may not be classed inside, if not, see what their notice period would be (i.e. take the inside offer or leave immediately).

What would you do in my situation? My plan is to venture into a new sector so the longer I stay, the bigger the cash reserves to start the latest venture.

Lastly, what should a contractor resignation letter include? Read that you should use the same format as a permie. I believe as I am ending a B2B relationship, it should be different. Wanted to include a line to say due to the contractual change (outside to inside) we will be terminating our services within the agreed notice period.

Thank you all in advance and best of luck for what 2020 and IR35 assessments bring.

[northernladuk]

You are completely correct. Your letter will be nothing like leaving a permie job. You are terminating the contract between you and the agency/client as per the terms in the contract.

[Cirrus]

You don't need to do anything. You are not resigning.

If they want you to be inside, then they will have to terminate your contract, or let it run out. With regard to any new inside contract that they may want you to accept, simply politely decline it.

[GhostofTarbera]

You don't need to do anything. You are not resigning.

If they want you to be inside, then they will have to terminate your contract, or let it run out. With regard to any new inside contract that they may want you to accept, simply politely decline it.

Exactly what I would recommend also


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[eek]

You don't need to do anything. You are not resigning.

If they want you to be inside, then they will have to terminate your contract, or let it run out. With regard to any new inside contract that they may want you to accept, simply politely decline it.

Can I make that a bit clearer.

The end client / customer will need the agency to terminate the contract with your limited company.

You (personally) will then need to personally sign a contract of work with either the end client / agency or umbrella to continue working.

The only exception to this is if you are told the contract is inside IR35 and your last payment is due after April 5th - in which case you need to leave to ensure your receive the last payment before April 5th.
As for what the letter needs to say it should read something like - as specified in the contract xyz limited hereby service notice that they wish to terminate the contract under clause abc of the contract.

[NotAllThere]

It'd be polite to let them know of your intention not to take up any new contract that's within IR35.

[Peoplesoft bloke]

It'd be polite to let them know of your intention not to take up any new contract that's within IR35.

This is what I've done. Already made clear to both current clients that neither I nor MyCo will be undertaking any inside IR35 contracts. One customer is in the US so while IR35 still applies, it's a bit easier, although I notice some US States are making noises about "protecting" workers in the gig economy.

[FIERCE TANK BATTLE]

I generally keep resignation letters very short.

I'd simply say Dear X, as per clause X of my contract I hereby offer 7 days notice of my intention to terminate our relationship.

Then when I hand it in I'll explain more. The letter is just the legal formality, using the minimum number of words.

[eek]

I generally keep resignation letters very short.

I'd simply say Dear X, as per clause X of my contract I hereby offer 7 days notice of my intention to terminate our relationship.

Then when I hand it in I'll explain more. The letter is just the legal formality, using the minimum number of words.

Surely give rather than offer - offers can be accepted or rejected, "gifts" are just presented,