As Malvolio pointed out a few times, a no notice contract is a strong IR35 pointer. Fair enough. But on the other hand, doesn't it make you too vulnerable to short-sighted managers who will be very happy to get rid of you first with no notice due, even though you are quite good at your job? Isn't this worth being considered a risk? Everything is a risk and no doubt there is no reason to discuss this, but if all the other contractors have a 4-week notice and you have 1 day, doesn't it put you in a more vulnerable position than the rest only because of this?
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I've seen much of the rest of the world. It is brutal and cruel and dark, Rome is the light. -
I think the best way to do this is a no notice period but write in there a amount fo time to carry out corrective work so they cant duff you for sub standard ness. -
Not that I would care about the notice period but wouldn't be happy to be the first on the line to go because I have no additional cost compared to other contractors.Originally posted by Sockpuppet
Not sure what you are proposing SP... the time to carry out corrective work wouldn't be the same as a notice period then?I've seen much of the rest of the world. It is brutal and cruel and dark, Rome is the light.Comment
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You're missing one point. If a contract is for a deliverable, there is no need for a notice period since you either make the deliverable and leave or don't and the client asks you to leave.
Anyway, since most contracts are actually for a lump of someone's time to provide something ongoing, then both sides need to understand how to stop: I would argue that the contractor shouldn't stop anyway until the end of the contract (unless something serious has happened, and if so what about subs to finish the work?) whereas the client must have the ability to send you home at once (and if it's not a notice period they'll do you for failing to observe canteen HSE rules or something).
What I'm saying is that if you approach the whole contract as a business supplier and not an Office Angels temp, notice periods have no meaning. That they also help IR35 is merely a bonus.Blog? What blog...?
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I agree with what you said from a business point of view but then again, don't you think you are in a much more vulnerable positions than all the other contractors who have a notice period?Originally posted by malvolio
What if the notice period is something smaller like 1-2 weeks? Would it still help to be anti-ir35 ?I've seen much of the rest of the world. It is brutal and cruel and dark, Rome is the light.Comment
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No, basically I don't care. I'm not any kind of employee, I don't need notice periods. I'm not going to leave before the end of the contracted period. The client can send me home at any time for any one of a dozen reasons without explanation anyway. I've twice had early terminations due to the programme being cancelled in the middle. On both occasions I was gone within 24 hours. It happens.
Bit the existence of any notice period of any length indicates that you expect to get paid when there is no work for you to do. That's the IR35 issue, not necessarily the financial risk. It's only ever going to be a weak one either way, but every little helps.Blog? What blog...?Comment
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I might give you respect for this choice but yet I don't see how having a notice period cannot be considered a business choice. You can call it early termination penalty, many businesses apply this when they provide a service.Originally posted by malvolioI've seen much of the rest of the world. It is brutal and cruel and dark, Rome is the light.Comment
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I wouldn't have thought so. Most managers will go on your performance and if they know in advance they have to downsize the team, why not get rid of the ones who have a notice period. That means that the ones that are left can be dropped instantly if something horrible comes up
Secondly you are assuming that the manager has actually read your contract. In my experiance they normally haven't and have no idea what your specific terms and conditions are.Comment
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In most financial companies they would escort you off the site on the day of terminating your contract. So at least you have a little termination compensation which I don't really see it as a benefit for permies.Originally posted by ArdescoI wouldn't have thought so. Most managers will go on your performance and if they know in advance they have to downsize the team, why not get rid of the ones who have a notice period. That means that the ones that are left can be dropped instantly if something horrible comes upI've seen much of the rest of the world. It is brutal and cruel and dark, Rome is the light.Comment
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Most companies escort you off site if you are fired. Save for the place I got ditched from the manager let me find my own way out. Lazy 'tard.Originally posted by FranckoComment
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