Employment Business Regulations 2003 Opt Out

[The Lone Gunman]

It is not an easy work around.

The director has all sorts of legal requirements set upon them and the term "warrant" has some serious meaning too.

[jh0711]

but if you are the director of your own limited then surely you would not write a letter warranting that you have the skills etc that you do not....

that would be really dishonest

but then all it really does is push back on the agency the need to actually do the checks so we go down the paperchase route again.....

does anyone know of any court cases (succesfull or otherwise) that have been brought about due to the EAA 2003 regs?

[The Lone Gunman]

but if you are the director of your own limited then surely you would not write a letter warranting that you have the skills etc that you do not....

that would be really dishonest

but then all it really does is push back on the agency the need to actually do the checks so we go down the paperchase route again.....

does anyone know of any court cases (succesfull or otherwise) that have been brought about due to the EAA 2003 regs?

Oh FFS. If these are just your imagined problems then stop imagining.
As a director you are looking at Jail time for this if you lie. The warrant protects the agent and the client legally and financialy.
The agent has fulfilled their requirement to check.
If I were dishonest enough then I could set up a whole set of false papers and phone numbers for the agent to chase anyway.
The directors warranted letter is actualy better for them.

Some of us have spoken to legal advisors and been told that this is enough. The agent and client may argue but I have had the discussion with a pro.
I would be pleased to hear legal opinion otherwise, but please stop with the what ifs.

[jh0711]

hmm look like i was not clear

i agree with you if the directors letter is fine then use it

your concern was that the director would be in trobule if he sent a letter confirming something that was not true and I said but you would obviously not do that because it was deceitful.

if you are saying get a director from another company to do it then they would be really dumb to do this for you without first performing the checks to ensure you are what you say you are and you have the skills that you say you have......

which brings us back to the fact that unless you as a director of your own company or willing to warrant that you as an employee of the same company have the correct skill set then the agency will still have to perform the cheques.

so the choices are

1) Find a director (you or someone else) to sign something confirming you have the correct skills etc and give that to the agency - they have therefore done their bit and no problems

2) If you cannot find a director then the agency need to perform said checks to comply with regulations

3) Opt Out

4) Have a look at the PCG QP product.........