Oh no.. not 'Opt Out' again!

[expat]

I notice the board's agents are strangely quiet on this one.....

[TheFaQQer]

I notice the board's agents are strangely quiet on this one.....

They are too busy clearing their desks.

[mailric]

No, because opting out has nothing to do with IR35 - never has, and never will.

The "link" between IR35 and opting out is yet another lie pedalled by ill-informed (or dishonest) agents to get ill-informed contractors to bend to their will. There is nothing in the regulations that impacts IR35 at all, despite what the agencies will tell you.

Not strictly speaking.. My point is that by having to opt-out of something that relates to employees, then this might suggest your working practices are "employee like"? Expecially if this was the only way you sourced your b2b contracts.

[TheFaQQer]

Not strictly speaking.. My point is that by having to opt-out of something that relates to employees, then this might suggest your working practices are "employee like"? Expecially if this was the only way you sourced your b2b contracts.

It doesn't relate to employees, it relates to those that have been engaged through an employment agency or employment business.

PCG’s view is that the choice of opting in or out of the Agency Regulations is unlikely to make a major difference to employment status for the purposes of IR35. It is likely that a court may view opting out of the regulations as a minor pointer away from employment but it is unlikely that remaining within the Agency Regulations would form an indicator to employment as “contracts for services” (self-employment) are mentioned in the text of the regulations.

[Badger]

I've been thinking about this recently as well, and I've up until now always opted out as, like The Faqqer aludes to, it seems to smooth the way with agencies.

However I'm coming round to the idea that Opting-In may be the option to go for as, from my undersanding it kinda guarantees payment and you can go direct much sooner. Sod the additional work the agency has to do.

[Solidec]

I wont opt out ever, I will just make sure the contract is to my liking and reflects the B2B nature of my business services, which is where Bauer and Cottrell come in. Once I am happy, I sign it and tell the agent where to shove their opt out forms!

Never been an issue, they grumble a bit but they are not legally allowed to enforce an opt out so they can't do much about it.

[TheFaQQer]

Last year, a large agency were investigated by the DBERR because they advertised on jobserve (and in emails) "Please note that all our contractors are obliged to opt out".

If agencies understood a bit more about the regulations, then it might make all our lives a little bit easier.

I usually stay opted in because I like the freedom of being able to go direct or through a different agency if I want to in the future. Plus the guarantee of being paid is nice, too

[Beefy198]

Last year, a large agency were investigated by the DBERR because they advertised on jobserve (and in emails) "Please note that all our contractors are obliged to opt out".

Was it Sanderson plc?

Have you ever heard an agent half laugh and say "I don't really understand these rules, but our legal department say......"

WHY don't they understand them? It's their job to! If I can read up on them I'm sure they could too.