IT Contracts Lawyer

[SueEllen]

No, but they could easily offer a ridiculous contract if you opt in, and a sensible one if you opt out. Which wouldn't be illegal.

That's why you don't tell them you are opting in until the last possible moment after you have met the client and they like you.

It also helps if you have a lawyer on your side.

[fieryjack]

thanks to Kate from Bauer & Cottrell for her assistance...she points out she's not a lawyer but specialises in IR35 Contracts.

In the end I decided to opt out...this time.......

[TheFaQQer]

Plus I opted out in the previous contract so would be difficult to now opt in, even though the previous opt out may have been invalid as I opted out after meeting the client (interview first, contract offered second).

It's not difficult at all. And if you have already been introduced to the client, then you can't opt out anyway.

IR35 is not really an issue as it's a different piece of legislation, though opting out would help prove I was "not under the control of the client".

No it wouldn't.

[Wanderer]

In the end I decided to opt out...this time.......

Each to their own, but that's a bad decision in my opinion. The opt out benefits no one except the agency.

Don't let the agency bully you into thinking that you can't withdraw the opt out. Just send them an email and follow it up with a recorded delivery letter saying you are withdrawing the opt out. There is nothing for you to lose by doing this. See the sticky for a long discussion.

You should also remember that the agency regulations benefit the client as well as the worker so there is no reason why client would want you to opt out either, unless the client have been bulltulipted by the agency too.

[fieryjack]

you seem quite knowledgeable TheFaQQer...are you a lawyer or contractor?