IR35 help

[Branded]

Hi guys,

A little confused and a bit worried here. I understand what IR35 is but don't have much experience with it.

I started working for an agency a week ago but haven't signed anything yet. (Yes I know - stupid). But they are a large agency and pretty reputable, so I'm not too worried about not getting paid.

The agency guy said that most of his clients "opt out". Which I guess means opting outside of IR35. I said I'd opt in because that's what I've always done with my previous agency and got paid through an umbrella. The agency guy asked why I opted in and he said that 95% of his client opt out. So I opted out.

Anyways, he forwarded me onto Paystream (yes I know - are they that bad?) because I need to get paid weekly and Paystream said that the contract is opt IN and that they would recommend that instead anyway.

What is going on here? Just a bit of miscommunication between my agency and Paystream or is there a common dodgy theme here?

Thanks.

[cojak]

If you don't know the difference Opt In (in fact, you already have done, you just don't know it yet...)

Paystream is on your side - the agent isn't...

[cojak]

Now go away and research what opting in and opting out means to you.

[northernladuk]

Now go away and research what opting in and opting out means to you.

Ohhh that sent a tingle down my spine... C'mere you!!!

[Branded]

I know the difference between being caught and not caught. I just want to know why he seems to want me to opt in! I have searched and the only thing I can find is this:

1. If the client doesn't pay them, they don't have to pay you.
2. They can enforce a clause in the contract that prevents you from working directly with the client once your period through the agency ends.

Please help!

[malvolio]

Have a hunt through my blog (link in the sig, there's a search facility on there). I'm sure I've covered this at least once. Then come back and ask a more informed question.

[northernladuk]

I know the difference between being caught and not caught. I just want to know why he seems to want me to opt in! I have searched and the only thing I can find is this:

1. If the client doesn't pay them, they don't have to pay you.
2. They can enforce a clause in the contract that prevents you from working directly with the client once your period through the agency ends.

Please help!

lol i think you need to quit while you are (almost) ahead. you are just digging yourself a bigger hole and if you have to make cojak say something twice the second time comes with a huuuuge dollop of kickass....

are u sure u have search for opt in or opt out on here. there are some very useful post flying about... google will throw more than two lines up i am sure.

[Branded]

Have a hunt through my blog (link in the sig, there's a search facility on there). I'm sure I've covered this at least once. Then come back and ask a more informed question.

"A more informed question?" If I knew anymore, I wouldn't need to come here for help.

Has anyone got a direct link to the info. I searched on your site and can't find it.

[northernladuk]

"A more informed question?" If I knew anymore, I wouldn't need to come here for help.

Has anyone got a direct link to the info. I searched on your site and can't find it.

Here it is for you....

Link provided by my 12 year old cause I couldn't be bothered to search

Hopefully after reading that you might have a clue why you are getting a bit of stick from Cojak and Mal...

[Wanderer]

The PCG battled long and hard for the opt-out but I can't really see that it carries any benefit to a contractor like myself for the following reasons:

1. It is unlikely to make a major difference to my IR35 status.
   
2. If you opt-in then there are limitations on the temp to permie fee that an agency can potentially charge
   
3. If you opt-in then the agency can't refuse to pay you if you have submitted an invoice but can't produce an authorised timesheet.
   
4. The agencies are desperate for you to opt out and when did they ever have our interests at heart?