Pending contract offer but must opt out and accept withholding day rate

[northernladuk]

Am also guessing you don't know what the AWR is and how it affects you either so have a look at this...

Contractor Doctor: Should I opt out of the Conduct Regs or AWR after a contract win?

[psychocandy]

I did the opt-out thing, but my umbrella said since I was with them it wasn't relevant anyway - just something agencies do because they don't know any better.

[psychocandy]

I've been in the longest screening process ever for a pending contract with a bank. After reviewing opting in vs out on this site, I went back to the recruiter and said I'd like to remain opted in since given the opt out form, it really is a choice.

The screening team for the recruiter responded saying that the contract quotes I must opt out in order to sign the contract so that effectively they are not part of any hmrc investigations and we are a business to business relationship, etc rubbish. She's pretty much said in the email I must re-consider my decision because I did not give sufficient reason as to why I'm opting in. Surely, like any contract, I can just say no and leave it at that and not quote the bible links on why I want to stay opted in and why any mention of seeing an accountant about it has nothing to do with this.

Additionally, I've been told 10% of my agreed day rate would be withheld as a retainer and reimbursed to me when I complete my 3 month contract. This isn't even mentioned in the draft generic contract they had sent to me. With regards to the retainer, can i state to the recruiter that they must pay me the agreed day rate including the retainer and they must bear the consequences of it being reimbursed from the client?
It would be even worse if they just find reasons to release me from the contract before the maturity date.

Does the Employment Agency Standards Inspectorate still exist? One of the links from the forum goes to an archived site?

I'm a tad frustrated and lost since my contractor friends tend to just opt out without checking up on the rules.

I'm not even making a major pay increase on this process.

Standard agency bulltulip about opting out. What NLUK says rings true though - prob not losing a gig over.

Im still hoping someday someone will agree an opt out then time a letter to land on the mat of agent the day they start at client, revoking the opt out. Be some nice fireworks!

OP - the retainer. How big is it? Is the day rate acceptable without the retainer? If the retainer was too big and the day rate crap I'd be worried the cleint/agent would somehow find a way not to pay it.

If its an EXTRA on top then different maybe.

[MrMarkyMark]

I did the opt-out thing, but my umbrella said since I was with them it wasn't relevant anyway - just something agencies do because they don't know any better.

As far as this retainer thing from the OP, never heard of anything like it.
Personally, I would have to be absolutely desperate to accept those terms.

[seanraaron]

Having read the article I still don't see why it matters or why I'd want to opt-in. I would expect a temp-to-perm situation to be advertised as such up-front anyway.

[LondonManc]

As far as this retainer thing from the OP, never heard of anything like it.
Personally, I would have to be absolutely desperate to accept those terms.

I wonder if some manager at ClientCo is having building work done and holding money back until building regs sign off the work and has tried to do something similar here? What a shirt front.

[northernladuk]

Having read the article I still don't see why it matters or why I'd want to opt-in. I would expect a temp-to-perm situation to be advertised as such up-front anyway.

For someone that appears to know next to **** all about how to be a contractor you don't like to listen do you.

It is true you are American?

[MrMarkyMark]

Having read the article I still don't see why it matters or why I'd want to opt-in. I would expect a temp-to-perm situation to be advertised as such up-front anyway.

Oh dear.

Read it again and try and absorb this time.

[seanraaron]

Apparently I'm too thick, so explain it to me.

I have an umbrella and I care nothing about IR35, nor about being able to continue a contract without the agency in the frame, so why exactly does this matter to me?

I understand there's a bit about getting paid in the absence of a timesheet, which I have so no issue there. I suppose I may be at some risk if I have a client that won't pay up, but my agency stated up front my getting paid isn't linked to them getting paid.

I'm aware of these things for future, but barring getting in a deal with a dodgy operator I don't see how opting in automatically protects me from a negative outcome. In fact if you cheeky fellows read the articles yourselves you'd know that opt-in has other risks, i.e., the agency is required to account for your skills and suitability for work - could that not delay a contract start date?

The solution is better law; in the meantime it's a coin toss. Unless the agency was clearly not legit I can't see turning down work over this issue.

[northernladuk]

Do you think none of those are an issue to you as you don't have a clue what you are doing? You are a new contractor but you appear to have a very clear stance on stuff that unfortunately you don't seem to understand. Most new guys listen and learn, you seem to be too big to do that.

Contracting with this level of ignorance to what is going on around you must be absolute bliss.

Aren't you on your first and only gig with your umbrella by the way?