Uneven notice period advice Uneven notice period advice
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  1. #1

    Nervous Newbie


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    Default Uneven notice period advice

    Hi,

    In my existing contract I had the agency amend the notice period from 20 days client, 10 days contractor, to which the client agreed on a 20/20 even split.

    I requested this as I believed an even period would be better for outside IR35 purposes

    I am about to enter a renewal, and the client has requested it be brought back to 20/10 split to bring it back in line with their standard contracts.

    This is for a 3 month renewal, when I have been there 12 months already

    Should I be concerned, and does this look bad from an IR35 perspective?

    Thanks

    Arc

  2. #2

    bored now

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    Quote Originally Posted by Arc1 View Post
    Hi,

    In my existing contract I had the agency amend the notice period from 20 days client, 10 days contractor, to which the client agreed on a 20/20 even split.

    I requested this as I believed an even period would be better for outside IR35 purposes

    I am about to enter a renewal, and the client has requested it be brought back to 20/10 split to bring it back in line with their standard contracts.

    This is for a 3 month renewal, when I have been there 12 months already

    Should I be concerned, and does this look bad from an IR35 perspective?

    Thanks

    Arc
    What has notice periods got to do with IR35?
    merely at clientco for the entertainment

  3. #3

    Still gathering requirements...


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    Business relations normally imply much higher risks and less rights
    I personally tend to push into immediate termination by client
    and longer termination by my ltd (supplier).
    More unfair balance (less protection for you) - less risks to get inside IR35.

  4. #4

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    Zero days notice is best for IR35 as proven in case law.

    Above that any notice period is pretty neutral for IR35 and irrelevant anyway as they can just withdraw work from you while whatever notice carries on effectively being instant to you.

    Just get the shortest one possible in case you need to leave. Increase yours from 10 to 20 is a tad silly.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  5. #5

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    Mine would be going from 20 days down t o10

  6. #6

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    Quote Originally Posted by Arc1 View Post
    Mine would be going from 20 days down t o10
    Ah yes. I see now.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  7. #7

    Contractor Among Contractors

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    Quote Originally Posted by Arc1 View Post
    Mine would be going from 20 days down t o10
    Same - sometimes you want to leave and you don't want to hang about doing it! 7/14 is ideal.

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