Contract Notice Period

[joesaddigh]

Hi,

I am currently in a perm position but have been offered an initial 3 month contract that is likely to extend.

I am a bit worried because they insist on a one month notice period and it seems that this is one of the things that triggers IR35.. I want to be able to take my money as dividends and will be using my own limited company to pay myself.

Can anybody confirm what a standard notice period would be?

I think the first week they can terminate without notice but after that they require one month.

Please any advise would be greatly received.

[sal]

Notice period has very little (if any) effect on your IR35 status. Did you have the contract reviewed?

The standard notice hoovers around 2 weeks, but 4 weeks are not uncommon.

[TheFaQQer]

Can anybody confirm what a standard notice period would be?

From you to them - nothing. You can't give notice.

From them to you - nothing. They can terminate immediately.

[joesaddigh]

Notice period has very little (if any) effect on your IR35 status. Did you have the contract reviewed?

The standard notice hoovers around 2 weeks, but 4 weeks are not uncommon.

I haven't got my contract yet (will get it today) but just going by what recruiter told me (they want a 1 month notice period) and then I did some reading and found this:

"Right of dismissal: Do you have a fixed notice period. The Revenue will argue that this is like an employee, therefore there should be provision in your contract for immediate termination should the client choose to do so."

[malvolio]

I haven't got my contract yet (will get it today) but just going by what recruiter told me (they want a 1 month notice period) and then I did some reading and found this:

"Right of dismissal: Do you have a fixed notice period. The Revenue will argue that this is like an employee, therefore there should be provision in your contract for immediate termination should the client choose to do so."

This is tied in to the Mutuality stuff (you do, of course, fully understand MoO in relation to contracts and IR35...). Basically you get binned as soon as there is no work for you (or, sometimes, no work they want you to do) by the simple process of them stopping paying you. Having a notice period implies you can charge when there is no work which blows the idea of an irreducible level of mutuality.

In reality, you will never have a notice period of any kind, so don't go looking for one. As long as they have an immediate termination option in the contract, notice periods are irrelevant to IR35 anyway.

And it's not dismissal, by the way; you are a supplier who no longer is required to supply. Your job is being a contractor, not a programmer or whatever. Get that very clear in your head.

[northernladuk]

Have a look on this thread how to search. Use it to search for notice period. There are thousands of topics on this including the legal and IR35 aspects. You should learn a ton from them.

Also read the newbie guides to the right.

And get your contract checked by an expert i.e. QDOS B&C and the like.

[joesaddigh]

Thanks

Thanks all I appreciate your advice.

Joe

[northernladuk]

Oops forgot to link the search thread

http://forums.contractoruk.com/welco...uk-forums.html

[TheFaQQer]

oops forgot to link the search thread

http://forums.contractoruk.com/welco...uk-forums.html

aysycotpocuk?