The proverbial just hit the fan

[suityou01]

I've highlighted the important parts, in case you missed it.

The agency have retrospectively emailed me an EAA form to ask for permission to send my CV and references to the client. (The pimp admitted to me over the phone he should have done this in the first instance).

If he need to get permission legally before he can send the CV across, and hasn't yet done so does this give me some leg to stand on now?

[thunderlizard]

leg to stand on? You have always had at least 2 legs to stand on. It's the agency that messed up for themselves by failing to coerce you to opt out of the regs in time. Calm down dear!

Since you have already turned up to the client it is far too late to opt out. You should tell the agent this, but that you are nice chap and promise not to take advantage of him, and he should chalk it down to experience if he's lucky enough to stay in his job for a couple more weeks.

[jmo21]

Go on.

go on what?

it's you that said your CV was out for IR35 checking

[suityou01]

leg to stand on? You have always had at least 2 legs to stand on. It's the agency that messed up for themselves by failing to coerce you to opt out of the regs in time. Calm down dear!

Since you have already turned up to the client it is far too late to opt out. You should tell the agent this, but that you are nice chap and promise not to take advantage of him, and he should chalk it down to experience if he's lucky enough to stay in his job for a couple more weeks.

Interesting. The same regulations that I am trying to be opted out of are also the same regulations the agency is in breach of by not getting my written consent to approach the client. According to the regs, the moment the client receives my CV if I have not opted out I then cannot. BUT if the agency failed to get permission to send my CV across, I was not given the opportunity to opt out.

The whole thing is flipped.

I'll calm down when I know I am IR35 safe.

[kanulondon]

am confused by this whole post.....

[Jubber]

I'll calm down when I know I am IR35 safe.

Please just go and do the job - times are changing - be glad of the work. No contract is IR35 safe. Do the work and have a punch up with the revenue later, if at all. Even if you have to pay the extra NI on this particular contract - you are working !!! Don't mess up the gig over this.

[deckster]

Interesting. The same regulations that I am trying to be opted out of are also the same regulations the agency is in breach of by not getting my written consent to approach the client. According to the regs, the moment the client receives my CV if I have not opted out I then cannot. BUT if the agency failed to get permission to send my CV across, I was not given the opportunity to opt out.

The whole thing is flipped.

I'll calm down when I know I am IR35 safe.

I always opt in anyway. I like the protections it gives me re: payment, restrictive clauses etc. and the prevailing wisdom is that it really isn't an issue when it comes to IR35 - eg http://www.contractoruk.com/news/001496.html and pretty much every article I've read on the regs.

[suityou01]

Please just go and do the job - times are changing - be glad of the work. No contract is IR35 safe. Do the work and have a punch up with the revenue later, if at all. Even if you have to pay the extra NI on this particular contract - you are working !!! Don't mess up the gig over this.

Thanks for all the feedback. As a relative contractor nube (18 months - 4th contract) I guess my situation is one of knee-jerk. You have to understand the pimps have been extremely naive in the way they have conducted themselves, and all four contractors have the same opinion. I did not rush to make opinions known as I do not rush into making negative comments. Hard fought and won experience has taught me that.

The very fact that the pimp is trying to retrospectively get my permission to send my CV to ClientCo even after I have started is indicative of what I have been up against.

It seems rather unfair that he can apply to get retrospective permission to satisfy his legal team's requirements, and I can't retrospectively opt out. Shurely the goose and gander can have the same meal here.

As far as the benefits of opting out go, I am still out to lunch. Although I would feel more comfortable opted out.

I see no question of risking the gig. I would not be so stupid. Honest.

[Beefy198]

I'm very interested to know....

Why do you want to opt out?

If you think it's some sort of IR35 pointer, you have taken the typical agency bulltulip hook, line and sinker.

[MPwannadecentincome]

interesting to read this post - I had been confused about opting out (not affected me as I am working direct) and in now it is clearer to me - so I will opt in if I am ever unfortunate enough to need to go through an agent!