HELP!!! New to contracting, desperately need advice about the Opt-out form?

[Diamond786]

???

But if Diamond 786 signs it, it's meaningless?

Thanks for your help Greg, but I didnt quite get your last post???

[Old Greg]

Thanks for your help Greg, but I didnt quite get your last post???

It was a question for Malvolio or othere better qualified than me. I was wondering whether if you sign the opt-out, it's meaningless - i.e. it wouldn't apply because you've already been introduced to the client.

[Diamond786]

Hi Greg

It was a question for Malvolio or othere better qualified than me. I was wondering whether if you sign the opt-out, it's meaningless - i.e. it wouldn't apply because you've already been introduced to the client.

Ah I see.. Ok my main worry is, and I am guessing that the agency's motives are due to the following, feel free to correct me if you think I am wrong..

- They dont want the extra paper work
- They want to stop / limit my chances of becoming perm with the company after 3 months (my contract ends) so they can charge the company fees or whatever..

Mmm... might be some other reason too maybe? I feel really stupid right now... threads saying stuff about IR35 friendly / unfriendly... WHAT ON EARTH IS THAT??? I thought thats what the Umbrella company is supposed to take care of.. Ive just been given a take home figure, which Im fairly happy with... it min 76% or something like that..

Remember.. I am a career PA, so no real reason why after this contract ends, and IF I dont go perm, that I would realisticly be offered any other contract PA roles.. Its just not common - normally you'd temp or go straight perm... My situation regarding IR35 etc might be slightly different> Im not so worried about the dreaded tax man.. only 3 months of contracting, dont think it can go that badly wrong however you look at it???

[The AntiChrist]

If Diamond needs the contract, then they could just sign (maybe use a wobbly signature) and keep every bit of back-correspondence from the agency on the matter.

If there is a problem later on down the line which needs covering under the Employment Businesses regs, then take the lot to a solicitor and inform the DTI saying you were coerced into signing because you are vulnerable and need the work. Well, that's what I would do.

[Diamond786]

lol

If Diamond needs the contract, then they could just sign (maybe use a wobbly signature) and keep every bit of back-correspondence from the agency on the matter.

If there is a problem later on down the line which needs covering under the Employment Businesses regs, then take the lot to a solicitor and inform the DTI saying you were coerced into signing because you are vulnerable and need the work. Well, that's what I would do.

lol - Defo an Anti-Christ!! Thanks for the advice, I'll keep it in mind... Desperate times call for desperate measures...

Have a great weekend!

[The AntiChrist]

Mmm... might be some other reason too maybe?

If you're not a limited company yourself, you can forget about IR35.

The other reason might be that they're supplying you through a limited company which itself has already agreed an opt-out with the end-client. If my limited supplied a sub-contractor to a client through an employment business (EB), then I might insist the sub-contractor opted out because my company has opted out with the EB. Usually it's to do with the paperwork and not wanting to fall foul of the regs by mistake.

Nevertheless, if they have put pressure on you and already introduced you to the client, then they don't have a leg to stand on, in my opinion. Particularly if you're not experienced as a temp/contractor. It's actually worse for the genuinely vulnerable because they need the work and would sign anything to get it.

[Old Greg]

Ah I see.. Ok my main worry is, and I am guessing that the agency's motives are due to the following, feel free to correct me if you think I am wrong..

- They dont want the extra paper work
- They want to stop / limit my chances of becoming perm with the company after 3 months (my contract ends) so they can charge the company fees or whatever..

Mmm... might be some other reason too maybe? I feel really stupid right now... threads saying stuff about IR35 friendly / unfriendly... WHAT ON EARTH IS THAT??? I thought thats what the Umbrella company is supposed to take care of.. Ive just been given a take home figure, which Im fairly happy with... it min 76% or something like that..

Remember.. I am a career PA, so no real reason why after this contract ends, and IF I dont go perm, that I would realisticly be offered any other contract PA roles.. Its just not common - normally you'd temp or go straight perm... My situation regarding IR35 etc might be slightly different> Im not so worried about the dreaded tax man.. only 3 months of contracting, dont think it can go that badly wrong however you look at it???

Min. 76% from an umbrella? Which umbrella is that? I think you need proper advice but I'm not the right person!

[minstrel]

Im really sorry to bother you, but I have just spoken to the agency who have said that it 'IS' possible to opt-out still.. they then directed me to my Umbrella company who are now saying that the only people who opt-in, are people who are vulnerable like europeans etc. She said that if I opted in, they would refuse to be my umbrella company and also said that it would mean that social workers etc would have to come and see me at work to make sure I wasnt being exploited etc?????????????? IM SO CONFUSED!!!

Can anyone shed some more light?? Im getting really desperate, and what should have been a great job is driving me insane...

Sounds like the umbrella company are in cahoots with the agency. Did the agency introduce you to the umbrella company by any chance?

I'd ditch the umbrella company if I were you - they seem like they are trying to mislead you.

At the very least I'd throw it right back at them and tell them if they don't allow you to stay opted in, you aren't going to use them as an umbrella company.

I think the real reason the agency want you to opt out is that they know it is probably going to turn into a permanent position and want to make sure they get their cut when it does.

[The AntiChrist]

I'm sure you're right. But remember the OP is not an IT contractor as such and probably hasn't got the level of experience needed to face down these cowboy outfits. If the OP has a range of offers to choose from, they have some power, but it sounds like any hint of trouble and the agency will pick the next on the list. Maybe the OP (Diamond) could fill us in ?

[Diamond786]

Sounds like the umbrella company are in cahoots with the agency. Did the agency introduce you to the umbrella company by any chance?

I'd ditch the umbrella company if I were you - they seem like they are trying to mislead you.

At the very least I'd throw it right back at them and tell them if they don't allow you to stay opted in, you aren't going to use them as an umbrella company.

I think the real reason the agency want you to opt out is that they know it is probably going to turn into a permanent position and want to make sure they get their cut when it does.

Funny you ask, yes the agency recommended and put me in touch with the Umbrella, and the Umbrella even has an Account Manager for the agency (who is supposed to be calling me after my stating I was already opted in).

I am supposed to start with the company on Mon, have not yet signed the contract, seems they have struggled to find someone to fit the bill and the end client were def keen on having me.. plus I have been on-site for a 2 hour handover already...

Should I just sign the contract and opt-out via email? or form? (but then again this signature wouldnt even be valid) so what difference would it make now???

I wanna go out and celebrate.. Great company, nice job.. long term prospects defo... BUT IM INDOORS... Boggling my mind....