Fingers like lightning
One agency I worked through insisted on me providing a shed load of stuff if I wanted to opt in. Stuff like three years audited accounts and copies of company bank statements as well a list of personal referees - I gave up...
"32 Application of the Regulations to work-seekers which are incorporated
(1)..(8) Stuff that protects you
(9) Subject to paragraph (12), paragraphs (1)—(8) shall not apply where a work-seeker which is a company, and the person who is or would be supplied by that work-seeker to carry out the work, agree that they should not apply, and give notice of that agreement to an employment business or agency, provided that such notice is given before the introduction or supply of the work-seeker or the person who would be supplied by the work-seeker to do the work, to the hirer.
(13) Neither an agency nor an employment business may make the provision of work-finding services to a work-seeker which is a company conditional upon the work-seeker, and the person who is or would be supplied by the work-seeker to carry out the work, entering into and giving notice of an agreement as referred to in paragraph (9), to the agency or employment business."
It's possible that some less-reputable agencies will try to find an alternative reason not to deal with you if you don't opt out. However, that's a dangerous game to play if the contractor knows what they're doing. E.g., I record all my business calls, and I'd have no qualms about sharing my recording of any call in which it had been admitted that the real reason a contract that had been offered was being withdrawn was simply because I was insisting on my statutory rights should a later reason be spuriously suggested as the ostensible grounds for a contract offer being withdrawn*.
(*PS: You can do that as a business, you know: record your calls for valid business reasons, such as recording contractual discussions. By law, you don't even have to tell anyone you're doing it. If they deal fairly with you, they'll never need to know you were fully prepared to take things further if you were forced to.)
Contractor Among Contractors
Should post faster
Still gathering requirements...
Thought I would share this more for amusement purposes than anything else.
Received it a few months back:
The final draft of the above Regulations, which control how recruitment companies conduct their business, came into force on 6th April 2004. The Regulations affect how we deal with ‘temps’ and also covers our dealings with contractors.
However, after prolonged lobbying from various interest groups, the Government adopted a proposal which enables limited company contractors, such as you, to opt out of the Regulations. If you opt out then the Regulations will not apply to dealings between you and us.
The Regulations affect how we deal with ‘temps’ and also covers our dealings with
The Regulations are located here: The Conduct of Employment Agencies and Employment Businesses Regulations 2003. Although it is not possible for us to explain all of the regulations to you, we have set out in brief below some of the pros and cons of opting out:
Pros - Advantages of opting out
1. no increase in administration or forms to complete.
2. avoid potential delays in starting your assignments due to minimal administration
3. less statutory restriction on your ability to substitute or sub-contract
4. avoid any implication that you are under the client’s control at all times (although you may agree to be)
5. may assist in demonstrating that you operate outside IR35
6. easier to show you are in business on your own account
7. increases your marketability to clients & recruiters looking to reduce administration and place candidates quickly
8. only one negotiation of contract terms in each case (rather than at the outset and at point of assignment)
9. less requirements on you to provide information and confirmations
10. more attractive to umbrellas and composite companies as they avoid increased statutory requirements
Cons - Disadvantages of opting out
1. no additional protection regarding potentially onerous contract terms (existing statutory protection remains)
2. no statutory entitlement to information regarding health and safety (although our terms deal with this)
3. no minimal protection when required to work away from home
4. no added protection regarding confidentiality (although Data Protection Act still applies)
Of course, it is very important that you satisfy yourself of the Pros and Cons as they relate to you and we regret that we are unable to offer any further or specific advice to you.
Last edited by Mister Clark; 8th November 2012 at 14:14.