What are people's thoughts on this?

[TheFaQQer]

It would have ensured that pedants wouldn't jump on the OP, providing no helpful advice but lots of useless tutting...

You say that like it's a bad thing.

[LaHombre]

I would have corrected it myself had I noticed. It would have ensured that pedants wouldn't jump on the OP, providing no helpful advice but lots of useless tutting...

I've corrected it myself (ordinarily I would post and triple check when it was live, the issue is I couldn't see the post as the first ones are moderated) - I guess if you walk into peoples front room without wiping your feet then they can get a bit tutty

[LaHombre]

You say that like it's a bad thing.

I can feel copies the Guardian not being folded along the crease lines and thrown down in disgust

[SpontaneousOrder]

We're normally talking about opt-out not being enforcable because it has to be done before being introduced to the client - so with that being the case, it would make perfect sense to want to agree terms before proceeding.

Obviously, the fact that they ask you to confirm you opt out, rather than asking if you want to, is to make it look like it's mandatory in order to proceed - which would be illegal in reality.

That doesn't mean they can't have different opt in/out cotracts though.

[BlasterBates]

If you are opted in the client must provide you with all the same entitlements as any other employee,

Found this:

http://www.gov.uk/agency-workers-your-rights

[SteelyDan]

If you are opted in the client must provide you with all the same entitlements as any other employee,

Found this:

http://www.gov.uk/agency-workers-your-rights

You sure about this? OP is a Ltd Co (dir), and as far as I'm aware, as a dir of a ltd co, AWR is not applicable regardless of opt-in, or out. And I don't believe that by opting in provides the security of payment guarantees at all. In theory it might, but in practice, I don't think so.

[LaHombre]

We're normally talking about opt-out not being enforcable because it has to be done before being introduced to the client - so with that being the case, it would make perfect sense to want to agree terms before proceeding.

Obviously, the fact that they ask you to confirm you opt out, rather than asking if you want to, is to make it look like it's mandatory in order to proceed - which would be illegal in reality.

That doesn't mean they can't have different opt in/out cotracts though.

Thank you - so it's not unreasonable of them to ask for me to take and option before hand, and the wording is not illegal as is, just cleverly omits my option to remain in the scheme (which I take is the starting position).

I'll have a look at the benefits of remaining in scheme - as alluded to later in the thread I am indeed the director of the Ltd company.

[Contreras]

If you are opted in the client must provide you with all the same entitlements as any other employee,

Found this:

http://www.gov.uk/agency-workers-your-rights

Aha, now I see why you believe that opt-in/out of the Conduct of Employment Agencies Regulations affects your IR35 status.

The Conduct regs are a different beast to the Agency Worker Regs. The former does not impact IR35, the latter does not permit an opt-out.

[SpontaneousOrder]

Thank you - so it's not unreasonable of them to ask for me to take and option before hand, and the wording is not illegal as is, just cleverly omits my option to remain in the scheme (which I take is the starting position).

I'll have a look at the benefits of remaining in scheme - as alluded to later in the thread I am indeed the director of the Ltd company.

That's my understanding. They won't like it, and they may place someone else who is opted out if they can.

Just be wary of them trying to issue you with a deliberately IR35 unfriendly contract if you stay opted-in. I don't kow how comman that tactic is.

[BlasterBates]

Aha, now I see why you believe that opt-in/out of the Conduct of Employment Agencies Regulations affects your IR35 status.

The Conduct regs are a different beast to the Agency Worker Regs. The former does not impact IR35, the latter does not permit an opt-out.

ah was looking at and posted the wrong document when looking for "opt out" from the gov website, thought it was a bit over the top

However here is the view that I read, which isn't that it puts you inside, but certainly pushes you a bit in the wrong direction:

Conduct of employment regulations: a guide to opting in or out

However, although employment status is determined on a case-by-case basis, a limited company contractor accepting on paper that they are controlled by the client and wish to be covered by the regulations is sending a pretty negative message to HMRC about their employment status. Control by the client is a key factor in determining the employment status of a contractor, and can be part of a package of evidence that puts a contractor inside IR35.