Change to Contract T&C's after signed

[Tasslehoff]

Signed contract, start this week.

Agent let me know that (I assume the client) has asked to change the termination notice from 4 weeks to 1 week. 6 month contract.

I don't want to rock the boat, but wanted to understand other peoples thoughts on this. I did think 4 weeks was quite high for a 6 month contract anyway?

[malvolio]

Signed contract, start this week.

Agent let me know that (I assume the client) has asked to change the termination notice from 4 weeks to 1 week. 6 month contract.

I don't want to rock the boat, but wanted to understand other peoples thoughts on this. I did think 4 weeks was quite high for a 6 month contract anyway?

Neither you nor the client (nor in this case the agency) can change a contract unilaterally. Either you both agree or you don't. So it's nice that they asked rather than demanded.

But to answer the question, a notice period is worth damn all to a contractor anyway and haggling over how long is really an exercise in futility: if there's no more work, you stop there and then. So show willing and go with the requested change.

[pmeswani]

Signed contract, start this week.

Agent let me know that (I assume the client) has asked to change the termination notice from 4 weeks to 1 week. 6 month contract.

I don't want to rock the boat, but wanted to understand other peoples thoughts on this. I did think 4 weeks was quite high for a 6 month contract anyway?

From an IR35 point of view, it would be more favourable to have a 1 week notice period, as 4 weeks is seen more permie like. However, it is unlikely you will fail solely on the notice period alone, but it would better help your working practices. But make sure it's 1 weeks notice from both ends.

[northernladuk]

From an IR35 point of view, it would be more favourable to have a 1 week notice period, as 4 weeks is seen more permie like. However, it is unlikely you will fail solely on the notice period alone, but it would better help your working practices. But make sure it's 1 weeks notice from both ends.

A week or a month make almost zero difference. A month is considered defendable so isn't a factor.

I also thought having an uneven notice period was better. Using your own example permies get even notice periods. If you want to look less like a permie you need different periods on both sides. That said there is no case law or evidence to support this.

Having an immediate termination agreement is the only thing that will really help your IR35 status.

[northernladuk]

And to echo Mal's point. If you are expecting a months notice to get a nice lump of money for doing nothing when your work has been canned then think again...

“The converse is also true,” he continues. “When the contractor takes on any work simply to work out the notice period, despite the original project having been completed, this could place the contractor inside IR35 when viewed alongside other evidence.”

If they don't need you they will get rid of you and expecting your notice money will look like there is mutuality.

[kingcook]

As others have said, notice periods aren't worth the paper they're written on.

However, a small increase in daily rate could be on the cards Don't take the p155, just try £10 to £20 per day.

[Wanderer]

I don't want to rock the boat, but wanted to understand other peoples thoughts on this. I did think 4 weeks was quite high for a 6 month contract anyway?

The contract can be changed by mutual agreement if that's what you want to do. If you refuse to agree then the contract could be terminated, it all depends on the contract terms.

Don't let the agency pull your chain though, have a chat with the client and see what notice period they are expecting to give.

If you don't want to make trouble then just smile and accept the amendment.

[SueEllen]

Have a chat with the client as you may find it's an agency screw up.