Opt-out Conduct of Employment Agencies Reg

[EggsAndBacon]

Thanks guys, much appreciated - and sorry, I'm working my way through the 50 page stickied thread but there's alot of it, and waffle/misnomers to wade through too. I'm tempted to collate it myself in a concise synopsis post at some point once I understand more about everything, otherwise it's frustrating picking the waffle from the more useful posts.

Either way you're right, I should be combing the contract like a hawk regardless and checking it has what I want in it, rather than relying on tenuous regulations.

[clearedforlanding]

Thanks guys, much appreciated - and sorry, I'm working my way through the 50 page stickied thread but there's alot of it, and waffle/misnomers to wade through too. I'm tempted to collate it myself in a concise synopsis post at some point once I understand more about everything, otherwise it's frustrating picking the waffle from the more useful posts.

Either way you're right, I should be combing the contract like a hawk regardless and checking it has what I want in it, rather than relying on tenuous regulations.

I think you are probably not ready for this. I think all of us here would recommend getting QDOS to do that for you. You should also be getting an IPSE membership.

They are the fundamental investments that underpin your contracting career.

[EggsAndBacon]

I think you are probably not ready for this.

You managed to completely take the sentence out of context - well done. My implication wasn't that I wouldn't be having a pro go over the contract. My implication was that all these regulations mean diddly squat as none of it has really been stretched in the courts properly.

On a side note - Not really fussed whether you think I'm ready or not. You don't know me and I don't know you. There is alot of negativity and discouragement on this forum towards n00bs. It's unnecessary, and abit silly. If you're not interested in discussing these subjects, then I don't understand why you're on this forum.

[SueEllen]

I think you are probably not ready for this. I think all of us here would recommend getting QDOS to do that for you. You should also be getting an IPSE membership.

They are the fundamental investments that underpin your contracting career.

The 3 lawyers I've used have all liked me to read the contract myself before hand and list any issues I see in the contract particularly if they contradict what the client has said to me. In some cases I have had to ring up the client directly to clarify things.

Lawyers and most accountants expected their clients, particularly those working in knowledge industries, to look at and understand some things themselves as it can make their work simpler.

[clearedforlanding]

The 3 lawyers I've used have all liked me to read the contract myself before hand and list any issues I see in the contract particularly if they contradict what the client has said to me. In some cases I have had to ring up the client directly to clarify things.

Lawyers and most accountants expected their clients, particularly those working in knowledge industries, to look at and understand some things themselves as it can make their work simpler.

That is all very well, but:

a) You had lawyers.
b) You didn't assume on your first contract that you could dissect 5 years of discussion by experienced contractors on IR35/Opting out and condense them and state that to them.
c) You have not said far as I can tell that "all these regulations mean diddly squat as none of it has really been stretched in the courts properly."

With regard to b&c, if one came up with that, a good lawyer would not recommend that you "read & list" on your first contract. He would walk you through it.

Your are experienced OP clearly is not, and I stand by my advice to let QDOS do this one and join IPSE.

[SueEllen]

That is all very well, but:

a) You had lawyers.
b) You didn't assume on your first contract that you could dissect 5 years of discussion by experienced contractors on IR35/Opting out and condense them and state that to them.
c) You have not said far as I can tell that "all these regulations mean diddly squat as none of it has really been stretched in the courts properly."

With regard to b&c, if one came up with that, a good lawyer would not recommend that you "read & list" on your first contract. He would walk you through it.

Your are experienced OP clearly is not, and I stand by my advice to let QDOS do this one and join IPSE.

In regards to my first contract I did a hell of a lot of reading on IR35 long before I got it. I also had the advantage of knowing and talking to contractors. Though I didn't understand it.

I've also been on enough forums to know not to wind up long term posters by teaching them to suck eggs. In fact on another forum I've got other long term posters permanently banned due to their attitude to posters, new and old, who disagree with them.

My lawyer did tell me to read and list on my first contract. It took ages and the contract was a short one of about 3 pages.

What it did help me with was interviews. I learnt what I needed to ask the client at every interview in terms of D&C.

[clearedforlanding]

In regards to my first contract I did a hell of a lot of reading on IR35 long before I got it. I also had the advantage of knowing and talking to contractors. Though I didn't understand it.

I've also been on enough forums to know not to wind up long term posters by teaching them to suck eggs. In fact on another forum I've got other long term posters permanently banned due to their attitude to posters, new and old, who disagree with them.

My lawyer did tell me to read and list on my first contract. It took ages and the contract was a short one of about 3 pages.

What it did help me with was interviews. I learnt what I needed to ask the client at every interview in terms of D&C.

I am sorry SueEllen, but I genuinely am missing your point here.

[SueEllen]

I am sorry SueEllen, but I genuinely am missing your point here.

The OP may not be as green as you are making out as people's language on forums is offered not the best.

[clearedforlanding]

The OP may not be as green as you are making out as people's language on forums is offered not the best.

Well OP's post did say it was his first contract through an agency, we both pointed him to the newbie guide & I think that advising him to use Qdos & IPSE is pretty sound.

I am struggling to see where my language may have offended, but as always stand to be corrected.

[EggsAndBacon]

To clarify, this contract is my first contract, but I discovered this website back in Sept/October time. A contractor friend of mine recommended QDOS which is why I had their name down - sadly most of my contractor friends don't seem overly fussed about about opting out of the regs (probably a separate worry) which is why I wanted to know if anyone on here would realistically let a good gig go over opting out.

Thanks for all your replies though guys.