The proverbial just hit the fan

[suityou01]

Got offered a gig Friday morning after a 2.5 week wait. Waited ALL day for the contract to finally arrive. It did just before COB Friday, pending an early start this Monday just passed.

The other contractors that have started find themselves in the same boat as me. The pimps are refusing to send out the IR35 opt out forms as we have "already started". The pimp dealing with this, its his first job and basically he tuliped up by not giving us the forms/option up front.

The pimps legal team are stonewalling over this. I have CV out to Accountax for IR35 vetting anway and they cannot get back to me with written report for 5 business days.

I have heard varying reports of the significance of opting out. Just how tuliped are we if we don't, they won't and we can't?

Also ClientCo are not amused and have offered us to contact direct. Anyone been in this situation? How much did the pimps win at the obvious court case?

Oh my tulips I am very concerned.

[jmo21]

an IR35 opt out form?!!

woohooo, i need to get me one of these!

oh, and fingers crossed your CV is IR35 compliant.

[suityou01]

an IR35 opt out form?!!

woohooo, i need to get me one of these!

oh, and fingers crossed your CV is IR35 compliant.

Go on.

[Durbs]

and fingers crossed your CV is IR35 compliant.

I've heard "Personal interests: Keen swimmer and hill walker" can provoke an immediate investigation!


(try: http://www.contractoruk.com/news/001496.html point 3 at bottom, looks like IR35 is not an issue).

[tim123]

an IR35 opt out form?!!

woohooo, i need to get me one of these!

oh, and fingers crossed your CV is IR35 compliant.

and

His "CV is out to Accountax for IR35 vetting "

However that helps

tim

[suityou01]

I've heard "Personal interests: Keen swimmer and hill walker" can provoke an immediate investigation!


(try: http://www.contractoruk.com/news/001496.html point 3 at bottom, looks like IR35 is not an issue).

I have read the guidelines in the article, and also the PCGs own guidlines. The point that is the stumbling block is this.

If you are not opted out, then the agency cannot legally include any IR35 out clauses. This is because as an opted in contractor you are deemed an employee, so that any clauses such as "responsible for fixing sub standard work in your own time", and "right of substitution" have no legal place in an opted in contract.

It is also not possible to opt out once you have had your CV sent to the client. Although in the FAQ they do state that contractors who were opted in were then forced to opt out by the agency issuing a new contract.

[thunderlizard]

If you are not opted out, then the agency cannot legally include any IR35 out clauses. This is because as an opted in contractor you are deemed an employee, so that any clauses such as "responsible for fixing sub standard work in your own time", and "right of substitution" have no legal place in an opted in contract.

It is also not possible to opt out once you have had your CV sent to the client. Although in the FAQ they do state that contractors who were opted in were then forced to opt out by the agency issuing a new contract.

That first paragraph is completely wrong (no offence). There are a few clauses that the Agencies Regs don't allow, but they don't have a great deal to do with IR35. Those clauses are mainly to do with ensuring you still get paid even if the client defaults on the agency; forbidding the client from taking you on direct under reasonable terms; and a few other things like that. Therefore agencies don't want you to opt out, so they will tell you that if you do opt out, you are automatically caught by IR35, you will get eaten by a lion etc. etc. They are lying.

You can't opt out after you have been "introduced" to the client. Nobody is completely sure what this means - probably either CV sent, or met in person. But you're basically right about that bit.

[NotAllThere]

... Therefore agencies don't want you to opt out, so they will tell you that if you do opt out, you are automatically caught by IR35, you will get eaten by a lion etc. etc. They are lying....

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

[thunderlizard]

Cheers Nat.
My mum always ticks me off for mumbling.

[VectraMan]

Therefore agencies don't want you to opt out, so they will tell you that if you do opt out, you are automatically caught by IR35, you will get eaten by a lion etc. etc. They are lying.

Are you mixing up the word "out" with the word "in" there?