Capita IT

[MaryPoppins]

A fellow contractor friend of mine recently told me of an encounter she'd had with Capita. They offered her an interview for a role, then sent her what appeared to be quite a refreshingly comprehensive form asking would she like to opt in or out of the EAA Regulations.

She ticked the "Opt In" box. Immediately the consultant responded with a polite email requesting that she rectify this, and opt out. This is when she told me about it, and I had a giggle, obviously. She replied, pointing out that she actually did intend to opt in.

Cue several phone conversations with a perplexed consultant who claimed to know little about the actual regulations, but clearly had a strong directive from above to persuade contractors to opt out.

After a few more increasingly frustrating conversations, the consultant called back and left a voicemail, which I have heard. She says that she has spoken to their "compliance" department and it's 'ok' to opt in, but that will mean my mate has to go PAYE and is unable to work via her Ltd Co if she is determined to Opt In.

My instinct was to advise her that this is balls and to tell them where to stuff it. Am I right?

[HairyArsedBloke]

A fellow contractor friend of mine recently told me of an encounter she'd had with Capita.

I read that sentence and I knew this was going to be a horror story.

When you sup with the devil ......

[Zippy]

This is (as you say) spherical objects. Suggest she gives them a bit of the old flannel (having already opted in) until they come up with a role. When she has got the role she can tell them she will be working via her limited.

I have to say - it does sound a lot like fishing/bollox/blocking.

Maybe others will think differently?

How are you doing?

[MaryPoppins]

This is (as you say) spherical objects. Suggest she gives them a bit of the old flannel (having already opted in) until they come up with a role. When she has got the role she can tell them she will be working via her limited.

I have to say - it does sound a lot like fishing/bollox/blocking.

Maybe others will think differently?

How are you doing?

She has apparantly now told them to eff off. A "senior" consultant called to tell her that she would be required to confirm she would not be working through her Ltd Co as she will be opted in.

She read the PCG guidelines over the phone to them and pointed out that they cannot deny her the right to opt in. They said "but we're not!" - she said - but you ARE, as I work through my Ltd Co and you will not allow me to opt in and work through my Ltd Co, meaning you are therefore trying to force me to opt out.

Sounds like it was like talking to a brick wall "we just do what our compliance team tells us to do". All Capita IT resources she has spoken to have also claimed apologetically to know very little about the actual regulations, and of course all they know is that all their other contractors opt out.

I know this happens but jeez.

[MaryPoppins]

This is (as you say) spherical objects. Suggest she gives them a bit of the old flannel (having already opted in) until they come up with a role. When she has got the role she can tell them she will be working via her limited.

I have to say - it does sound a lot like fishing/bollox/blocking.

Maybe others will think differently?

How are you doing?

PS - Fine ta! Shattered. How's you?

[malvolio]

My suggestion FWIW would be for her to contact DBERR and tell them a major agency and governemnt supplier is blatantly breaking the law by coercing workers into opting out of the regulations. I'm sure they would be very interested...

[MaryPoppins]

My suggestion FWIW would be for her to contact DBERR and tell them a major agency and governemnt supplier is blatantly breaking the law by coercing workers into opting out of the regulations. I'm sure they would be very interested...

I told her the same thing, hope she does!

[MaryPoppins]

Just read this on the Matchtech website:

If you are a Limited Company Contractor, the Regulations allow for you to "opt-out". Whilst the Regulations have been conceived to ensure greater legislative protection for candidates, there may be issues which conflict with the spirit of the IR35 rules. The ability for you to opt-out, gives you the choice to remain contracting in the same way as prior to the Regulations. Opting out of the Regulations will have benefits if you decide that you want to be considered self employed. This will mean you will not be afforded the same protection as that of our PAYE workers but does bring you a step closer to being seen as genuinely self employed and therefore could be viewed as outside the scope of the IR35 tax rules. It will also give you greater flexibility in negotiating your contract terms.

[malvolio]

MP - just sent you a PM...

[shoes]

Nobody you will get to speak to at crapita has got a f'ing clue about any aspect of contracting whatsoever. Do not work with them.