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YHUQA
19th July 2004, 14:13
Hi,
On a recent contract,the agency is trying to enforce a 30 day notice period of termination from itself ,but not allowing my contracting company any notice period.This would imply that my company cannot terminate the contract.

Is this legal ? Normally I use reciprocal terms ie 30 days notice by all parties.

Thank you for any advice.

tim123
19th July 2004, 16:37
This is a business to business contract.

Subject to the provision that there *must* be some way for each party to terminate the contract (and running to term counts here), the parties are free to negotiate whatever terms they like (or think that they can get away with).

HTH

Tim

Simes
23rd July 2004, 14:35
Isn't "termination periods" very IR35 unfriendly?

Why would you want to incur a whole month of notice as that invokes the provision of work when there isn't necessarily any and subjects you to IR35 etc.

I'm personally happy with a day's notice - most things following that only happen when you're "immediately available" anyway.

Liddle Feesh
6th August 2004, 23:17
Simes,

Are you suggesting that a recipriocal notice period is IR35 unfriendly, or an unbalanced notice period in favour of the client?

I always thought that "more risk" indicator = "less IR35" indicator