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From what I understand initially there was going to be no opt out at all but due to a very small group of contractors operating in a very different way from normal IT contractors the PGC pushed for the whole opt out thing and tbh I really wish they had not because the amount of confusion and bulltulip they created has certainly not been worth the hassle
You really shouldn't generalise from the viewpoint of an IT BoS contractor. That "very small group" was actually around 80% of the independent workers in the country - people like an awful lot of engineers and technical staff, corner shop owners, pub landlords, drivers, medical temps. Call it around 300,000 people, all of whom were potentially caught by the regulations with their totally inadequate understanding of the problem and ridiculously poor drafting (like almost every other piece of NL legislation, in fact)
PCG wouldn't have had long arguments with both the DTI and the EU if they didn't think there was a constituency that was being ignored.
Bear in mind that this is information provided by an agency though - it's in their interest to persuade you to opt out of the regulations, as it means that they can put different restrictive clauses in contracts, and don't have to do any initial checking.
Pretty much any agency will tell you the same thing - if you opt in then you are more likely to be caught by IR35 (rubbish), that it takes longer and you might miss the gig if you're not quick, and "it makes no difference to us if you opt in or out".
My current contract started out as a "oh, it's no difference to us if you opt in" until they sent the IR35 unfriendly contract, which they were (initially) only willing to change if I opted out. It was only when I mentioned that I was discussing it with the PCG Legal Helpline that their stance changed!
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Looks like a load of FUD if you ask me. Most of thier points are rubbish and it is blatantly written to encourage you to opt out so they can have an easy life.
OK Thanks, guys. I'd never heard of the term until I saw this forum's thread on it (ie. this one).
I spoke today to someone (newbie status and all) at an agency who casually mentioned it would help IR status etc etc baloney.
Fortunately (for me ) I have read what you guys said so yes, I said well that is irrelevant now that I am doing brolly, and also given that I've met client, it's irrelevant.
i.e. In other words, you are right, there is a lot of misrepresentation happening in this market.
Thanks, guys, for your keen eye and for the bollocks warnings
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