What is A Pay Between Assignments model in accordance with Regulation 10 of the AWR?

[pscont]

If you're outside IR35 then AWR will have no effect as it's an employment thing.

If you're "between assignments" you're not working, and therefore not billing. If they pay you for not working, and you're still outside IR35 then great. I can't see how that clause could bring you inside as any one of the 3 (MoO, SDC and RoS) could still be OK.

IANAL. Get it checked out by a professional.

Exactly, IR35 status is solid. The question was about AWR. I am not signing anything with it. By the way I dont want any payments between assignments - this is stupid. Also I am sure they are not pushing to pay me if not working.
Has anyone received a contract with such a clause (AWR)?

[northernladuk]

Why don't you just opt out of AWR?

[pscont]

Why don't you just opt out of AWR?

Now is this that same thing? I think not.
I was thinking it is not wise to opt out?

[Lance]

Now is this that same thing? I think not.
I was thinking it is not wise to opt out?

Perhaps you should seek professional advice if not sure.
Get the blasted thing reviewed. It's either free, or £125.

[mudskipper]

You do not want to be subject to AWR. The clue is in the name - Agency Worker Regulations. If you are a 'worker' it will be very difficult to argue that you are outside IR35.

Opting out is a different thing - the two are often confused - you can (or not) opt out of the Agency Conduct Regulations.


You cannot opt out of AWR- if you are a worker, then your 'employer' has legal obligations around holiday pay, minimum wage etc, etc. If you're not a worker then AWR should not apply.

[northernladuk]

^ this but I imagine if he'd read any of the multitude of threads offered and had a play with the search he would found that out awhile ago

[WTFH]

You won’t be able to claim training as rechargeable expenses plus VAT. Maybe sell your mother in law’s flat in Edinburgh to repay the loan first.

[northernladuk]

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