Opt in malarkey

[RichardCranium]

Summary A:

Summary B: You are what the agency says you should say you are.

[centurian]

Major myth about opt in/out is it affects IR35 status, but it is just that , a myth pushed by agencys.

Directly perhaps not, but indirectly it can have a major impact. Most agencies have different contracts/clauses depending on whether you opt in or opt out. The opt-in version is often much worse from an IR35 point of view.

[tino]

Directly perhaps not, but indirectly it can have a major impact. Most agencies have different contracts/clauses depending on whether you opt in or opt out. The opt-in version is often much worse from an IR35 point of view.

Therefore, you sign the contract and return it ommitting to enclose the opt-out form (i've done this several times - just tell them it's following shortly behind).

Before you know it, you're on client site, with a nice contract opted in and theres not a damn thing they can do about it

[JonSmile]

Mine even went as far as putting it in the contract

Most funny when I had got the role myself and only using the agency as the client co insisted that I went via then and not direct.

[malvolio]

Mine even went as far as putting it in the contract

Most funny when I had got the role myself and only using the agency as the client co insisted that I went via then and not direct.

Even more stupid of them then.

If you found the work not them, they are not acting as an employment business on your behalf and the regs don't even apply. Encouraging to know people understand their own business so well, isn't it.

Perhaps you should tell them their contract is illegally constituted, just for a laugh; you can't have conditions in there that are not relevant to the actual engagement. For one thing, if you did get into an IR35 debate with HMRC, the accuracy of the contract would be fairly relevant...

[east_of_the_sun]

...

[Not So Wise]

Therefore, you sign the contract and return it ommitting to enclose the opt-out form (i've done this several times - just tell them it's following shortly behind).

Before you know it, you're on client site, with a nice contract opted in and theres not a damn thing they can do about it

Actually you can even enclose the opt out form if you want because by that point (after introduction to client which nearly always happens before you get contract) you cannot opt out even if you wanted, no matter how many forms/contracts you sign

Just to jump in with another (probably quite dumb) opting in question - if I have already been working for a client via agency A for 6 months, then client decides to migrate all contractors to new agency B am I:

a) opted in by default as I had already been introduced to the client (although not by Agency B) before I was given an opportunity to opt out?

or b) opted out by default as they did not find me the role?

Tricky one, because in this case agency did not find you the role, thus is questionable if they are even acting as an employment business and doubt that question will be resolved until the first case it goes to court

If they are classed as employment business in this senario: you are opted in by default
If they are not classed as an employment business, whole opt in/out is irrelevant as does not apply

But to be honest, if client is forcing this move I would just remove from new contract any T&C's you do not like, like the lock out from direct clause, if agency fights it would just tell client agency is trying to screw client over by locking them into their services