Change of Agent - Trying to chang OptIn/Out status

[Random]

this is interesting as I had the same choice, spoke to the agent and they said most contractors opted out. AFAIK its not such a big issue. Is there something I should know which wasnt made clear to me by the agent?

[Earlyflash1]

this is interesting as I had the same choice, spoke to the agent and they said most contractors opted out. AFAIK its not such a big issue. Is there something I should know which wasnt made clear to me by the agent?

Bear in mind that the agent has a clear bias here, as you opting in has implications for their business and causes them effort.

Still can't see why they would say most opt out?

[Random]

Bear in mind that the agent has a clear bias here, as you opting in has implications for their business and causes them effort.

Still can't see why they would say most opt out?

but does this impact me in any material way? Such as IR35 or conduct at work etc etc? Tried to read up on it but unable to find any major issue.

[malvolio]

but does this impact me in any material way? Such as IR35 or conduct at work etc etc? Tried to read up on it but unable to find any major issue.

It ha no direct bearing on IR35 at all. However in the remnants of DimPrawnWorld, ther are implications.

Opt in and the agency has to confiirm your ID and residency, pay you even if they don't get paid themselves and give you a much shorter maximum handcuff. Opt out and you save them a fair bit of work and risk, so the wily among us would expect to see a much more IR35-friendly contract in return. In reality, the two balance out so it's very much your own choice which you prefer. Since 90% of contractors (and probaly 100% of agencies) never manage to get the right paperwork in place, it's also rather academic, since almost certainly you will be opted in whether you meant to be or not.

There is a detailed analysis on the PCG website (sorry, it's for members only ), and that is equally inconclusive, with a slight bias towards opting out. In the real world it actually makes very little difference.

[Random]

perfect thanks

[Wanderer]

Still can't see why they (the agency) would say most opt out?

Because they are want you to opt out. There is a straw poll here if you want to add your vote.

Since 90% of contractors (and probaly 100% of agencies) never manage to get the right paperwork in place, it's also rather academic, since almost certainly you will be opted in whether you meant to be or not.

As malvolio and a few other people have said, you can't opt out if you've already been introduced or started work for the client. Check out the legislation:

The Conduct of Employment Agencies and Employment Businesses Regulations 2003

32. "(the regulations) shall not apply where a work-seeker which is a company, and the person who is or would be supplied by that work-seeker to carry out the work, agree that they should not apply, and give notice of that agreement to an employment business or agency, provided that such notice is given before the introduction or supply of the work-seeker or the person who would be supplied by the work-seeker to do the work, to the hirer"

Your options are:

Go ahead and "opt out" and hope that it would be proven to be meaningless if it comes to the crunch.
Refuse to opt out and then have the agency take it's revenge by requesting copies of your identification, qualifications etc.

I'd be inclined to not opt out and ask the agency to come and meet you at the client site. No doubt they are there often enough if they have a few contractors on site.

[raphal]

opt out to opt in

I have opted out for current contract. Would like to opt in if contract extends. The procedure mentioned on the agency portal is to send them a notice in writing. I can send them a notice about 2 week before the current contract end date. In this case, suppose there is some delay in signing the new contract and I start working at client site, would that invalidate opt in ?

[TheFaQQer]

[Wanderer]

I have opted out for current contract. Would like to opt in if contract extends. The procedure mentioned on the agency portal is to send them a notice in writing. I can send them a notice about 2 week before the current contract end date. In this case, suppose there is some delay in signing the new contract and I start working at client site, would that invalidate opt in ?

I'm not sure if you can withdraw an opt out like this. Have a read of Agency Conduct Regulations section 32(10) and 32(11) which says the withdrawal must happen before you start work otherwise it only happens once you "stop working in that position". This may mean the end of the contract or it may mean when you take up a different engagement with the agency.

The law is a bit unclear on this but the agencies have little regard for the actual law anyway so it's their interpretation that matters. If the agency is willing to allow you to withdraw the opt out then go right ahead and do it if that's what you want to do.

It's probably best to do it straight away and they will probably see it as taking effect when the new contract starts.

TheFaQQer - at least the poster did a search!

[Andy Hallett]

I have opted out for current contract. Would like to opt in if contract extends. The procedure mentioned on the agency portal is to send them a notice in writing. I can send them a notice about 2 week before the current contract end date. In this case, suppose there is some delay in signing the new contract and I start working at client site, would that invalidate opt in ?

You cannot 'Opt In' once supply has begun.