Does "opting in" to conduct regs turn off clients/agencies?

[password]

Hi team

Quick question here, not intended to be legal or anything as such. Just wonder do agencies / clients .. (Logical or not) get peeved and take a dim view of you "opting in" to conduct regulations.. to the point where they might try and worm out of contract?

I have just signed everything for my first inside IR35 role.. and I opted into to the conduct regs as it seemed like a no brainer.

Now. Since then, things have started to move slowly, start date pushed a week and questions being asked about my personal circumstances, which were never an issue before.

Just curious if I missed something obvious here around unwritten rules etc.

Thanks a lot.

[northernladuk]

Will an agent jeopordise their commission over the opt in status? Absolutely not. Opting in means they've got some extra responsibiles like paying without time sheet and affects notice but to date I dont' think I've seen a thread on here that the opt in/out status has any bearing on an issue with an agent. It does obligate them to do extra checks though.

If a contractor is considered to be controlled by the client and does not opt out, then the agency is required to work through a series of steps. These include creating paperwork about the client’s requirements and contractor’s suitability for the role, possibly checking the contractor’s qualifications and completing a CRB (Criminal Record Bureau) check for certain roles.

If that is what they are doing then yes your opting in made a difference so depends on what they are asking you. Regarding start date then no. They won't push back a start date over this as they are losing money as well.

If they are asking about your circumstances and the date is moving it sounds more like they are worried you'll take a different gig while you are waiting for this one to start which is them just protecting their income and has nothing to do with opt in.

[Lance]

there is no opt-in.

You are 'in' unless you opt out. "Out" is the option. "In" is the default.

/pedant

[malvolio]

there is no opt-in.

You are 'in' unless you opt out. "Out" is the option. "In" is the default.

/pedant

And further to that a survey by a senior ex-recruiter who posts on here once in a while discovered that over 90% of their opt outs weren't done correctly, meaning the worker was in. Since he was with one of the bigger agencies, it's likely that ratio is pretty commonplace.

Also, worth remembering there have been zero court cases where the opt out status was relevant. Hence no precedent over any of its provisions...

And also worth remembering, a company is free to deal with whoever it wants to, under whatever conditions.

From which you might conclude that it makes no difference at all to the engagement.

[SueEllen]

Oh and on some contracts the client expects the agency to do extra background checks or the client will do them themselves. Some agencies are aware of this, and for those that aren't just point that out.

[BlasterBates]

If you are opted in, the agency is obliged to carry out additional checks on your suitability. I think this is what has led to the delay and the enquiry into your personal circumstances.

[Lance]

If you are opted in, the agency is obliged to carry out additional checks on your suitability. I think this is what has led to the delay and the enquiry into your personal circumstances.

what obligation is that?

[BlasterBates]

what obligation is that?

This:

https://www.contractorcalculator.co.uk/conduct_of_employment_regulations_opt_in_opt_out.a spx

If a contractor is considered to be controlled by the client and does not opt out, then the agency is required to work through a series of steps. These include creating paperwork about the client’s requirements and contractor’s suitability for the role, possibly checking the contractor’s qualifications and completing a CRB (Criminal Record Bureau) check for certain roles.

It seems to me that the agency is taking its obligations quite seriously and is simply creating the necessary paperwork.

[malvolio]

This:

https://www.contractorcalculator.co.uk/conduct_of_employment_regulations_opt_in_opt_out.a spx



It seems to me that the agency is taking its obligations quite seriously and is simply creating the necessary paperwork.

You have to say, all of that list is something that a good, honest agency would be doing anyway, regards of the Regs. It certainly describes the service they are selling to their clients...

[northernladuk]

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It seems to me that the agency is taking its obligations quite seriously and is simply creating the necessary paperwork.

I don't think so. He specifically mentions personal circumstances. This tied with delays to start sounds more like them worried he's gonna take somehting else before this starts.