Contract job, client only notice
Contract job, client only notice
Author
Discussion

scrw.

Original Poster:

3,058 posts

212 months

Friday 26th November 2021
quotequote all
Have a chance of a contract job with a large IT outfit via an agency, they are offering a 6 month contract with no option of a notice period from myself but a 1 week notice from the client. Is the enforceable / legal? Never been offered notice terms like this before.

TIA

sociopath

3,433 posts

88 months

Friday 26th November 2021
quotequote all
I always insisted on equivalent notice periods in both directions.

If they really want you they'll agree.

UpTheIron

4,056 posts

290 months

Friday 26th November 2021
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How are you being engaged commercially?

If it's a 6 month project and an outside IR35 contract between two businesses to deliver a specific outcome then it's perfectly reasonable. Would you give a builder/plumber/kitchen fitter the opportunity to walk mid-project?

scrw.

Original Poster:

3,058 posts

212 months

Friday 26th November 2021
quotequote all
Its an inside ir35 gig via an umbrella company

zippy3x

1,364 posts

289 months

Saturday 27th November 2021
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You're a contractor - which means you run a business, so don your directors cap and weight the risks to you company.

Ask questions like:

What happens if your one and only resource can't work - illness, injury, hates the place, hates the people. refuses to work in a toxic environment, refuses to be bullied.

However likely or unlikely any of these scenarios, you must weight the benefit, penalties and risk to your business.

Consider why, in an industry where this is extremely uncommon, they mandating it. Are they losing contractor after contractor. Ask why. This would be a massive red flag for me.

tl;dr tell them to jog on

CoupeKid

927 posts

87 months

Sunday 28th November 2021
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I was offered something similar this year from a large IT company but it was a 12 month contract.

I assumed it was an attempt to impose an American contract on a U.K. contractor. I politely declined, especially when I found out it was a 40 hour week, Sunday to Wednesday or Wednesday to Saturday.

BS62

1,975 posts

188 months

Sunday 28th November 2021
quotequote all
Am I correct in interpreting that to say you’d be contractually bound to complete the 6 months with no option to quit? AND it’s inside IR35? They’re taking the piss. Tell them to shove it.

spikeyhead

19,583 posts

219 months

Monday 29th November 2021
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I'm surprised that a company would even think of asking for such conditions to be in place.

EmilA

1,776 posts

179 months

Monday 29th November 2021
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If the agency name beings with the same initial of a large city in California then that's their usual approach. They like contractors to stay there for the duration of the contract. Choose to leave early then they will use the angle of loss of earnings for them as a way to take money from you .

Olivera

8,404 posts

261 months

Monday 29th November 2021
quotequote all
scrw. said:
Its an inside ir35 gig via an umbrella company
If it's via an Umbrella company then you will be an employee of that Umbrella, and IR35 has absolutely nothing to do with it. Your contract will be with the Umbrella (regardless of the assignment to the end client), and you'll be able to leave according to the Umbrella's notice period.

LemonParty

601 posts

258 months

Monday 29th November 2021
quotequote all
I was offered one like this, was an American company. That would have been queried if I was inclined to accept, but as the day rate dropped by about half between agent discussions and the actual offer it never became a relevant point.

scrw.

Original Poster:

3,058 posts

212 months

Monday 29th November 2021
quotequote all
I would assume the umbrella terms would match the client conditions, otherwise any client notice period is worthless if I can just walk from the umbrella on a week/month notice. I have not gone through an umbrella for about 15 years so unsure, as said my contract of employment would be with the umbrella. I won't be taking the contract with the terms as stated anyway.

TIA

Olivera

8,404 posts

261 months

Monday 29th November 2021
quotequote all
scrw. said:
I would assume the umbrella terms would match the client conditions, otherwise any client notice period is worthless if I can just walk from the umbrella on a week/month notice. I have not gone through an umbrella for about 15 years so unsure, as said my contract of employment would be with the umbrella. I won't be taking the contract with the terms as stated anyway.

TIA
I've never heard of an Umbrella's notice period being set in that manner. The contract you are discussing is an irrelevance to you - you're an employee of the Umbrella, just like any other bog standard employee. Any contract between the end client or agency and the Umbrella isn't your concern.