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Notice Periods

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    Notice Periods

    Hi,

    I've just landed a 6 month contract with Barclays in Knutsford. In the contract the notice period seems excessivly one sided in that they can terminate the contract with immediate notice while I'm unable to serve notice at any point. Has anybody managed to have this clauser changed and how would it fare with an IR35 test - surely it exhibits a hell of a lot of control!
    Rule Number 1 - Assuming that you have a valid contract in place always try to get your poo onto your timesheet, provided that the timesheet is valid for your current contract and covers the period of time that you are billing for.

    I preferred version 1!

    #2
    Originally posted by BoredBloke View Post
    Hi,

    I've just landed a 6 month contract with Barclays in Knutsford. In the contract the notice period seems excessivly one sided in that they can terminate the contract with immediate notice while I'm unable to serve notice at any point. Has anybody managed to have this clauser changed and how would it fare with an IR35 test - surely it exhibits a hell of a lot of control!
    Isnt no notice for you better for IR35?

    Seems to be the way these days too for a lot of clients. 6 months no notice is a bit much mind. 3 months I normally just suck it up.
    Rhyddid i lofnod psychocandy!!!!

    Comment


      #3
      Originally posted by BoredBloke View Post
      Hi,

      I've just landed a 6 month contract with Barclays in Knutsford. In the contract the notice period seems excessivly one sided in that they can terminate the contract with immediate notice while I'm unable to serve notice at any point. Has anybody managed to have this clauser changed and how would it fare with an IR35 test - surely it exhibits a hell of a lot of control!
      Welcome to Barclays. They have had no notice in contracts for a long time now. I was there when they walked every single contractor a few months before Christmas. They took a load of people back on with much reduced rates so people were using them as a stop gap and just bailing when they got something better so they took out the notice period. It's not that uncommon nowadays though.

      Having no notice is best for your IR35 status but a load of crap if you want to jump ship.

      Contracting termination clauses that avoid IR35 risk

      What you want to be more worried about is whether or not they are going to impose a 10% cut midway through your contract, take it or leave it. Even worse is a mass walk of all contractors but I don't think that happens very often...

      Notice has nothing to do with control. It's a contractual obligation.

      And the getting to site business now contractors can't park on site... meh....
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        Originally posted by psychocandy View Post
        Isnt no notice for you better for IR35?

        Seems to be the way these days too for a lot of clients. 6 months no notice is a bit much mind. 3 months I normally just suck it up.
        No you don't.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #5
          Originally posted by northernladuk View Post
          No you don't.
          Ha Ha. OK I sign it then moan about it a bit lol.

          To be honest, if gig is OK and pays ok then its a fact of life. Not sure I'd be too keen to commit to 6 months though unless rate was very good.

          After all, its a longish time if you turn up and gig is complete pants.
          Rhyddid i lofnod psychocandy!!!!

          Comment


            #6
            Originally posted by northernladuk View Post
            Welcome to Barclays. They have had no notice in contracts for a long time now. I was there when they walked every single contractor a few months before Christmas. They took a load of people back on with much reduced rates so people were using them as a stop gap and just bailing when they got something better so they took out the notice period. It's not that uncommon nowadays though.

            Having no notice is best for your IR35 status but a load of crap if you want to jump ship.

            Contracting termination clauses that avoid IR35 risk

            What you want to be more worried about is whether or not they are going to impose a 10% cut midway through your contract, take it or leave it. Even worse is a mass walk of all contractors but I don't think that happens very often...

            Notice has nothing to do with control. It's a contractual obligation.

            And the getting to site business now contractors can't park on site... meh....
            I raised the issue of parking and the guy said that it was much better than it used to be. So what do you do if you are not allowed to park onsite? I'll be travelling from Rochdale. Public transport will be out of the question so if I can't park then I won't be able to do the contract!
            Rule Number 1 - Assuming that you have a valid contract in place always try to get your poo onto your timesheet, provided that the timesheet is valid for your current contract and covers the period of time that you are billing for.

            I preferred version 1!

            Comment


              #7
              Originally posted by northernladuk View Post

              Having no notice is best for your IR35 status but a load of crap if you want to jump ship.
              Having no notice period? or no right to serve notice at all?

              Mind you, I never worked with Barclays to understand their "methods".

              Comment


                #8
                Originally posted by FatLazyContractor View Post
                Having no notice period? or no right to serve notice at all?

                Mind you, I never worked with Barclays to understand their "methods".
                Uneven notice then. They can serve notice, you can't.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #9
                  Originally posted by BoredBloke View Post
                  I raised the issue of parking and the guy said that it was much better than it used to be. So what do you do if you are not allowed to park onsite? I'll be travelling from Rochdale. Public transport will be out of the question so if I can't park then I won't be able to do the contract!
                  Don't you have to park off site somewhere close by and catch a shuttle bus to site? I'd clarify that if I was you.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    Originally posted by northernladuk View Post
                    Don't you have to park off site somewhere close by and catch a shuttle bus to site? I'd clarify that if I was you.
                    So is this site out of the way or in urban centre?

                    If its out of the way in the middle of nowhere then I'd be a bit miffed if they wouldnt let me use car park (unless there was no space) and had to catch a shuttle bus. If its town centre then your on your own imho and makes no odds if permes get parking or not.
                    Rhyddid i lofnod psychocandy!!!!

                    Comment

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