Has opting in cost me the gig?

[tim123]

[QUOTE=Ardesco]Not the first time I have heard an agent asking you to opt out in order to get a decently worded contract. Surely this is something that they should not be able to do.

[QUOTE]

ISTM that it is something that they can easily do. The regs require an agency to 'nanny' an opted in worker. It would be quite easy for this nannying to make you the wrong side of IR35, whereas without it you would pass.

I doubt that there is anything that you could do to stop an agency knowingly only offer an IR35 fail if you opt in.

tim

[fzbucks]

There are some other goodies in the contract as well, so even the opt out one needs to go to someone for review.

I particularly like the clause that says "The Contractor shall also not discourage the Client from dealing with the Company. The Contractor hereby indemnifies the Company for all financial loss it suffers arising from any breach by the Contractor of this clause."

I think that's coming out!

Is the pimps initials CP by any chance?

[TheFaQQer]

Finally, negotiated an IR35 friendly contract! Qdos only suggested putting a substitution clause in the contract, which I did, plus I took out some other bits that I didn't like, and put some more clauses in from the PCG contract. Sent it off today, start on Monday.

The agency are still of the opinion that I can opt out, even at this stage, because I haven't been on site yet. As they say, never underestimate the power of stupid people in large numbers!

Thanks to all who helped!!