Agency hasnt paid but does umbrella company have to pay me?

[meridian]

Some brolly companies e.g. Giant require an employee to opt-out
from the Working Time Directive in order for them to be covered by
IR35 insurance.

Crikey, where to start on this one.....

[The Lone Gunman]

My agency is claiming cash flow problems - etc - I user an umbrella company (Parasol) - do Parasol have to pay me?

Are you opted out? If not then they are in breech of the DTI conduct of employment agencies act. If you are then refer to your contract for issues of late payment and associated penalties.

[thequ1ck]

What??

Regulation 32(11) a limited company contractor cannot give such notice (ref opt-out) part way through an assignment. Any notice given while working in a particular position will not be effective until after the limited company contractor/person working through the limited company contractor stops working in that position.

Crikey, where to start on this one.....

[meridian]

What??

Regulation 32(11) a limited company contractor cannot give such notice (ref opt-out) part way through an assignment. Any notice given while working in a particular position will not be effective until after the limited company contractor/person working through the limited company contractor stops working in that position.

Quite.

32(11) that you're referring to in this post relates to opting out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

Opting out of the Working Time Directive (article 18, if you're interested) opts you out of the 48-hour week restriction.

Denny's post related to the Agency regs, but Central Scrutiniser confused the issue by jumping to the WTD regs. Different opt-outs......