Notice under IR 35 period Notice under IR 35 period
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  1. #1

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    Default Notice under IR 35 period

    Hi,

    I am current working under an assignment under IR35. My contract with the current Umbrella company specifies a 0 days notice period. Are there any legal related hidden clauses that will prevent me to leave the next day the current assignment if I give notice?

    Thank you.

  2. #2

    More time posting than coding


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    Nope

  3. #3

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    Hang on.

    So your umbrella company determines whether or not you can leave your client?

  4. #4

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    If you're working through an umbrella, then IR35 is irrelevant, so your post is kinda confusing.

    I assume you mean that, upon contract negotiation, either an umbrella was mandated or it was optional, with another option being to work through a company with the contract being inside IR35, but you chose the umbrella route.

    Anyway, now you're an umbrella employee, your contract of employment is with the umbrella and that is the thing that governs your relationship. If that says a thing, then it's a thing. I haven't worked through an umbrella, so I cannot say whether this is typical, but I suppose I would expect it to be coordinated with the upper contract and for the upper contract to have a notice period, but that doesn't really matter to you.

  5. #5

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    Quote Originally Posted by jamesbrown View Post
    If you're working through an umbrella, then IR35 is irrelevant, so your post is kinda confusing.

    I assume you mean that, upon contract negotiation, either an umbrella was mandated or it was optional, with another option being to work through a company with the contract being inside IR35, but you chose the umbrella route.

    Anyway, now you're an umbrella employee, your contract of employment is with the umbrella and that is the thing that governs your relationship. If that says a thing, then it's a thing. I haven't worked through an umbrella, so I cannot say whether this is typical, but I suppose I would expect it to be coordinated with the upper contract and for the upper contract to have a notice period, but that doesn't really matter to you.
    Eh?

    If you have a contract with a client or agency you can still give notice per that contract's terms. The umbrella doesn't, IIRC, determine when you can leave the job.

    The OP needs to clarify what they're asking before we speculate as to the relationships between however many entities there may be.

  6. #6

    bored now

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    Quote Originally Posted by omizdea View Post
    Hi,

    I am current working under an assignment under IR35. My contract with the current Umbrella company specifies a 0 days notice period. Are there any legal related hidden clauses that will prevent me to leave the next day the current assignment if I give notice?

    Thank you.
    Your contact with the umbrella or your contract with the agency?
    merely at clientco for the entertainment

  7. #7

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    Quote Originally Posted by ladymuck View Post
    Eh?

    If you have a contract with a client or agency you can still give notice per that contract's terms. The umbrella doesn't, IIRC, determine when you can leave the job.

    The OP needs to clarify what they're asking before we speculate as to the relationships between however many entities there may be.
    The OP is an employee of the umbrella, which is business to individual via an employment contract. The contract between the umbrella and the agency or client is B2B. Both will have notice periods and termination clauses. The OP was asking about their umbrella company, no?

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    Quote Originally Posted by jamesbrown View Post
    The OP is an employee of the umbrella, which is business to individual via an employment contract. The contract between the umbrella and the agency or client is B2B. Both will have notice periods and termination clauses. The OP was asking about their umbrella company, no?
    I suspect the OP doesn't quite understand what he is asking - and we will only find out after 15 cryptic rounds of 100 questions.
    merely at clientco for the entertainment

  9. #9

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    True.

  10. #10

    More time posting than coding


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    Generally the termination period is the same as that from the end client/agency to the brolly. 0 days notice either way in mine. So "nope", nothing legal to stop the OP leaving. Would have been better posted under the brollies section.

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