Conduct Regulations 2003: opt in/opt out?

[SueEllen]

I became the first contractor ever to not opt out of a contract with that particular agency

How odd I am always the first contractor never to opt out with any agency I deal with....

[JoJoGabor]

Alwas Opt-IN here too. Just went through this with an agency this week. They tried to get me to sign, I calmly explained I understood the regulations but firmly want to remain opten in. They sent me a legally worded email to explaint hey though this was foolish to me, but didn't fight it.

it just means I get paid, even if they don't, that's my main reason, there are others though

[dwater]

there are others though

Oh?

[missinggreenfields]

Oh?

Easier right of return with a different agency / without an agency for a start.

[dwater]

Easier right of return with a different agency / without an agency for a start.

Yeah, iinm, that's "written in", like the 'being paid' bit. I'm curious if there are any other subtleties...

[Agent]

Q: What are disadvantages of opting in to the regulations? Or what are the perceived benefits of opting out?

A: Opting out gives greater flexibility. You do not need to ensure that the agency has sufficient information under the Regulations about your skills to place you in the first place which can be a cumbersome and time consuming process.

Source - Opt in, opt out? What the employment agency regulations are all about :: Contractor UK

[Agent]

Section 2 - Interpretation

“work-finding services” means services (whether by the provision of information or otherwise) provided—

(a) by an agency to a person for the purpose of finding that person employment or seeking to find that person employment;
(b) by an employment business to an employee of the employment business for the purpose of finding or seeking to find another person, with a view to the employee acting for and under the control of that other person;
(c) by an employment business to a person (the “first person”) for the purpose of finding or seeking to find another person (the “second person”), with a view to the first person becoming employed by the employment business and acting for and under the control of the second person;

(b) seems to be the most relevant - so if you agree that as a Ltd company contractor you are under the control of your employer then opt in, that's what the regulation is for. If you're not under control then opt-out.

if the contractor does not work under the control of the client, the Regulations will not apply

Seem's pretty clear cut to me.

Source - http://www.legislation.gov.uk/uksi/2...0033319_en.pdf

[malvolio]

Section 2 - Interpretation

“work-finding services” means services (whether by the provision of information or otherwise) provided—

(a) by an agency to a person for the purpose of finding that person employment or seeking to find that person employment;
(b) by an employment business to an employee of the employment business for the purpose of finding or seeking to find another person, with a view to the employee acting for and under the control of that other person;
(c) by an employment business to a person (the “first person”) for the purpose of finding or seeking to find another person (the “second person”), with a view to the first person becoming employed by the employment business and acting for and under the control of the second person;

(b) seems to be the most relevant - so if you agree that as a Ltd company contractor you are under the control of your employer then opt in, that's what the regulation is for. If you're not under control then opt-out.

Seem's pretty clear cut to me.

Source - http://www.legislation.gov.uk/uksi/2...0033319_en.pdf

Oh it is. Apart form the word "employment of course...

Like 90% of agents you are confusing what we do with how Office Angels works.


HTH. BIRDI,

[Agent]

Oh it is. Apart form the word "employment of course...

Like 90% of agents you are confusing what we do with how Office Angels works.


HTH. BIRDI,

The regulations only apply if the contractor works under the control of the client. That's not my understanding, thats black and white.

If you're under the control of the client then opt-in and get the 'protection'. I would imagine that should an IR35 investigation be launched you won't claim to be under the control of the client..

I'm not confusing anything, it's very straight forward.

[Lance]

If you're under the control of the client then opt-in and get the 'protection'. I would imagine that should an IR35 investigation be launched you won't claim to be under the control of the client..

I imagine that most people would argue one thing to get paid and another to avoid tax.