Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
If you are not controlled by the client then the regulations don't apply anyway i.e. you are outside IR35 the opt out clause is irrelevant, because they don't apply to you.
It is argued that opting in or out doesn't point to anything as what matters is whether you're controlled by the client.
Here is a guide:
Conduct of employment regulations: a guide to opting in or out
If I was outside IR35 I wouldn't really bother about opting in because it's irrelevant.
This is also my view; I DGAS about the Agency Regs since they simply don't apply to me, and by positively opting out you are accepting that they should apply, which is a bit of a conundrum.
Others clearly think it's important to them. Heigh ho.
Comment