IR35-related potential contract changes

[gadgetman]

Well after 3 weeks on the bench I'm back to gainful employment next week, just as we finally get a summer

Anyway I had the contract reviewed for IR35 and it was deemed a pass with 2 suggestions for improvement; first was to remove "Test Manager" from the description of services and the second was to try and get a notice period added on myco's side (currently it is 4 weeks on client co, no notice on myco).

On the first point, I've always had a title for the role to be fulfilled in past contracts; is this an issue?

On the second, I always thought no notice period was a good thing. Any comments?

Both points were noted as potential improvements, not deal breakers by the way.

[pmeswani]

Well after 3 weeks on the bench I'm back to gainful employment next week, just as we finally get a summer

Anyway I had the contract reviewed for IR35 and it was deemed a pass with 2 suggestions for improvement; first was to remove "Test Manager" from the description of services and the second was to try and get a notice period added on myco's side (currently it is 4 weeks on client co, no notice on myco).

On the first point, I've always had a title for the role to be fulfilled in past contracts; is this an issue?

On the second, I always thought no notice period was a good thing. Any comments?

Both points were noted as potential improvements, not deal breakers by the way.

Regarding the 2nd point, it is worth getting a clause entered into the contract to allow you to give notice. If things turn sour between you (the contractor and the company) and the Company or Agency, you will have a way to terminate the contract gracefully. Another reason to have a clause in the contract is to allow you to terminate the contract if you require to leave the contract for personal reasons (such as long term illness in the family).

The first point... because it has the word "Manager" in the title, it could be seen as you being a permie at the client, even though you are a contractor. However, I am not sure if that is true or not. Another possible suggestion... if your role changes, do you want to go through the burden of getting your contract changed just to accommodate the change in title?

[The Lone Gunman]

Might not be relevant, but I like my contracts to say that my company is contracted to provide services in accordance with a statement of work (SOW). No titles no job descriptions just terms and conditions in the contract.
The SOW then details what works are to be carried out. Make sure the SOW does not allow for works not stated in the SOW to be carried out without further payment.
This tends to make the contract simpler and "for services" and shows reduced control and MOO. This is not a catch all btu I reckon it is a good starting point.

I have managed to slip a couple of clauses into contracts that state agreed work not on SOW will be carried out at same rate, non agreed work may be carried out but will be charged at normal single day rate (which is huge). Some say this is voluntary MOO, I say it is how proper businesses run.