Opt Out - Provide 2 years of accounts ?

[mdw]

Agency has demanded that if I don't Opt Out I have to supply (among other things) "Accounts for the last two years of trading signed by a qualified accountant;". Does anyone know why they would want that?

Can't find any mention of it searching past discussions.

[northernladuk]

Agency has demanded that if I don't Opt Out I have to supply (among other things) "Accounts for the last two years of trading signed by a qualified accountant;". Does anyone know why they would want that?

Can't find any mention of it searching past discussions.

Because when opting in they have an obligation to carry out a lot more diligence when taking you on. Exactly what and how do they evidence it is pretty grey so you'll get all sorts of things, some of which won't make sense to us but the agent thinks they need to do it. Could be about solvency, evidence that you CV is correct, financial stability of the supplier, credit checking etc.....

[mdw]

Isn't the whole AWR thing about protecting lower paid agency contractors, e.g. a forklift truck driver supplied by an agency wouldn't be required to provide the agency with 2 years accounts from a qualified accountant would they?

Is it more about agencies trying to deter IT contractors from opting in?

[northernladuk]

Isn't the whole AWR thing about protecting lower paid agency contractors, e.g. a forklift truck driver supplied by an agency wouldn't be required to provide the agency with 2 years accounts from a qualified accountant would they?

Is it more about agencies trying to deter IT contractors from opting in?

You could see why they would put you through the mangler if you did make them do the extra work but as devious as agents are I really don't think they are in the habit of bullying you to opt out with extra checks. You only got asked for this after you made your opt decision. I doubt they are planning on you changing your mind just because they are asking questions that could be argued are part of Opt in. More like they don't understand their obligations properly and are over doing it.

AWR, forlift truck drivers etc have nothing to do with us so not really worth bringing in to the discussion.

[mudskipper]

Isn't the whole AWR thing about protecting lower paid agency contractors, e.g. a forklift truck driver supplied by an agency wouldn't be required to provide the agency with 2 years accounts from a qualified accountant would they?

Is it more about agencies trying to deter IT contractors from opting in?

Agency Worker Regulations != Agency Conduct Regulations

[mdw]

You only got asked for this after you made your opt decision.

No, they sent me a form to sign to opt-out, with a list of what is required of I don't sign it, i.e. passport ID (which they already have), 2 years of certified accounts, domestic bills, etc.

General information seems to be it doesn't really affect IR35 so don't opt-out without a reason, so I'll opt in and ignore their opt-in demands and see if they pursue them.

[mudskipper]

No, they sent me a form to sign to opt-out, with a list of what is required of I don't sign it, i.e. passport ID (which they already have), 2 years of certified accounts, domestic bills, etc.

General information seems to be it doesn't really affect IR35 so don't opt-out without a reason, so I'll opt in and ignore their opt-in demands and see if they pursue them.

It's generally agreed that opt out status itself has little effect on IR35 status, but the agency may be reluctant to provide an IR35 friendly contract if you haven't opted out. The alternative is to opt out and ensure that the protection that being opted in gives you (payment, short handcuff etc) is written into your contract.

[northernladuk]

No, they sent me a form to sign to opt-out, with a list of what is required of I don't sign it, i.e. passport ID (which they already have), 2 years of certified accounts, domestic bills, etc.

General information seems to be it doesn't really affect IR35 so don't opt-out without a reason, so I'll opt in and ignore their opt-in demands and see if they pursue them.

Why the **** would you do that?????

[SueEllen]

It's generally agreed that opt out status itself has little effect on IR35 status, but the agency may be reluctant to provide an IR35 friendly contract if you haven't opted out. The alternative is to opt out and ensure that the protection that being opted in gives you (payment, short handcuff etc) is written into your contract.

That would involve paying someone to review your contract and ensure the appropriate clauses are amended.

To be honest having contracted in finance, defence and government you get used to supplying lots of documentation anyway regardless of your opt-in/out status. I actually find it difficult to find bills that are less than 3 months old.

OP - the company accounts they want can be downloaded from Companies House for around £3. Getting your accountant who prepared them to sign them is a new one. Normally they just ask your accountant to prove that they have been your accountant for 3-5 years. This means if you changed accountants in those years you have to hope they answer even if the answer is a rude one.

[mdw]

Why the **** would you do that?????

Why? What are you implying?