A new Gig and am suspecting Agency dodgy dealings with sign-up

[pauly]

Such a statement in a contract would not add weight to IR35 status and is actually meaningless - declaring yourself outside the scope of legislation will not put you outside.

Thanks. Being out of the IR35 net is imperative, however I did also want to ensure I could seek the protections of AWR if required (i.e. wanting to go permie at Clientco and ensuring I get a fair shout). I assume leaving that statement in the contract is not going to reduce AWR rights (its all based on working practices in anycase).

Section 32(13) of the regulations states that agencies cannot refuse to work with you because you won't opt out. The PCG say this.

PCG would like to emphasise that it is a contravention of the Act for any agency to require you to opt out of the Agency Regulations. It may also be illegal for them to pressure you to do so by threatening not to put forward your CV. Should any members find themselves being required to opt out of the Agency Regulations, they should inform PCG via the link on this page.

That's a grey area, I would insist that the agency offers equal terms for both opted in and opted out and report them to the REC/PCG/BIS if they refuse. It's quite clear that the opt out is widely abused by agencies. There is NO reason why a client would want workers to opt out of the Agency Conduct Regulations because the regulations protect both the worker and the client.

Was getting a lot of presure from the scheming agent to Opt-Out of Conducts of Employment agencies. The agent sent over an email indicated that...

"....I strongly advise you to send me the contract documents today as requested and confirmation of your Opt Out status. Of the 1000+ contractors I have on site, 99.9% are OPT OUT contractors working to the exact same contract terms and therefore no changes will be made as this is mandated by the client."

Sent back a firm email indicating that Opt-Out can't be mandated by the Agent. Didn't believe a Clientco would mandate it either. The Agent relented.

But they could still screw it up in some other way until a contract is signed. Schem'ing fooks, can't trust 'em.

They only wanted to submit contractors for interview that would Opt-out in the first place. Clearly they want candidates Opted-Out so they can put restrictive covenants on the contractor as well as ensure they don't have to pay a contractor if they don't get a signed timesheet in a certain time period, etc..

[northernladuk]

Thanks. Being out of the IR35 net is imperative, however I did also want to ensure I could seek the protections of AWR if required (i.e. wanting to go permie at Clientco and ensuring I get a fair shout). I assume leaving that statement in the contract is not going to reduce AWR rights (its all based on working practices in anycase).

You can't have your cake and eat it. Read these...

Limited company contractors claiming AWR rights have little chance of avoiding IR35


IR35 employment status tests for contractors are not relevant to AWR, and vice versa

If the professionals say it is unclear then it is going to be a nightmare if it ever hits. Working with IR35 looming is bad enough without putting yourself at risk just to claim some rights that a business shouldn't have and you will claim in a rare instance. Don't start contracting with a view you might go perm at the client. Do it properly or don't. HMRC will suss your intentions and use it against you in an investigation. Jury is out if they would win but you have 'lost' already by being in an investigation IMO.....

[LisaContractorUmbrella]

Thanks. Being out of the IR35 net is imperative, however I did also want to ensure I could seek the protections of AWR if required (i.e. wanting to go permie at Clientco and ensuring I get a fair shout). I assume leaving that statement in the contract is not going to reduce AWR rights (its all based on working practices in anycase).




Was getting a lot of presure from the scheming agent to Opt-Out of Conducts of Employment agencies. The agent sent over an email indicated that...

"....I strongly advise you to send me the contract documents today as requested and confirmation of your Opt Out status. Of the 1000+ contractors I have on site, 99.9% are OPT OUT contractors working to the exact same contract terms and therefore no changes will be made as this is mandated by the client."

Sent back a firm email indicating that Opt-Out can't be mandated by the Agent. Didn't believe a Clientco would mandate it either. The Agent relented.

But they could still screw it up in some other way until a contract is signed. Schem'ing fooks, can't trust 'em.

They only wanted to submit contractors for interview that would Opt-out in the first place. Clearly they want candidates Opted-Out so they can put restrictive covenants on the contractor as well as ensure they don't have to pay a contractor if they don't get a signed timesheet in a certain time period, etc..

As NLUK says - you can't have it both ways - either you want the freedom of working in business on your own account or you want the security of disguised employment. Also being outside IR35 may be 'imperative' but you cannot necessarily make it so and working outside when you're not will come and bite you at a later date