Am I reading into this too much

[curtis]

I've been offered a new contract so far the agency even up to the point of the offer has been one of the worst for a while at coming out with all the pressures to get me in the siutation they want, the last one being even before I heard I had the job they were wanting me to accept the job (even though at that point I may not have even got it) so in their words 'they did not have to keep ringing backwards and forwards between me and the client, they could just accept the job on my behalf'.

I've now been offered and accepted but now I have this turn up in my Inbox, I've had the opt out/in thing before but its just how they have worded it, firstly I never had a previous conversation and never 'gave notice' as they put it on anything to do with opting in or out. Is this a pretty bog standard statement? I just get the feeling how they have written it given like I said there has never been a conversation they are somehow trying to pull one over on me. The statement is below -

Further to our telephone conversation, you gave notice for yourself and on behalf of your limited company (if applicable) that you do not wish the Conduct of Employment Agencies and Employment Businesses Regulations 2003 to apply to any engagements through 'Agency'. If this is still the case, please reply to this email with 'confirm'.

[BolshieBastard]

I've been offered a new contract so far the agency even up to the point of the offer has been one of the worst for a while at coming out with all the pressures to get me in the siutation they want, the last one being even before I heard I had the job they were wanting me to accept the job (even though at that point I may not have even got it) so in their words 'they did not have to keep ringing backwards and forwards between me and the client, they could just accept the job on my behalf'.

I've now been offered and accepted but now I have this turn up in my Inbox, I've had the opt out/in thing before but its just how they have worded it, firstly I never had a previous conversation and never 'gave notice' as they put it on anything to do with opting in or out. Is this a pretty bog standard statement? I just get the feeling how they have written it given like I said there has never been a conversation they are somehow trying to pull one over on me. The statement is below -

Further to our telephone conversation, you gave notice for yourself and on behalf of your limited company (if applicable) that you do not wish the Conduct of Employment Agencies and Employment Businesses Regulations 2003 to apply to any engagements through 'Agency'. If this is still the case, please reply to this email with 'confirm'.

Sorry, I gave up after attempting to read your first sentence ie the first bloody paragraph! Punctuation helps!

[The Agents View]

Sorry, I gave up after attempting to read your first sentence ie the first bloody paragraph! Punctuation helps!

Standard stuff - confirm and move on.

Unless you want to pay more tax, as a trade off for having more rights in terms of being paid without a signed timesheet etc.

[thunderlizard]

Unless you want to pay more tax

Y'see, although the 2003 regs are targeted at agents, agents are the least likely people to understand them. Although we may never truly understand sweet lady IR35, recent thinking is that she has a lot to do with control, substitution and mutuality of obligation, and very little to do with business risk as was thought in the early days, and equally little to do with the 2003 regs and whether your timesheets are signed or not.

If you haven't opted out, and don't want to, just email back saying "No, I didn't opt out and don't want to" (taking care to avoid using the word "Confirm" of course...), or just don't mention it. If you've already been introduced to the client you shouldn't be able to opt out anyway. You need to remember that agents are trained to arrange things so that if their clients and contractors take the path of least resistance, things work in the agent's favour.

[Wanderer]

Further to our telephone conversation, you gave notice for yourself and on behalf of your limited company (if applicable) that you do not wish the Conduct of Employment Agencies and Employment Businesses Regulations 2003 to apply to any engagements through 'Agency'. If this is still the case, please reply to this email with 'confirm'.

They are trying to pull a fast one on you by making up a conversation that never happened. They sound like a bunch of dodgy dealers to be honest. Don't let them bully or bulltulip you around. Next thing, the will be telling you to start work without a contract because it's "in the post" or some crap like that.

Write back to them and tell them that no such conversation occurred but for the avoidance of all doubt, your company will not opt-out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

Standard stuff - confirm and move on. Unless you want to pay more tax, as a trade off for having more rights in terms of being paid without a signed timesheet etc.

Yes, that's "The Agents View" all right.

Sorry fella, we don't fall for that one here.

[curtis]

Well I spoke to the agent and got told I should have been spoken to about this before I was introduced to the client and it was written on my CV that I had opted out so it must have been an error on their part. During the conversation I kind of had to chuckle to myself a bit as I heard statements from them that I recognised from other CUK threads where other people had heard the same thing from agents like -

In my 8 years of working I have never had anyone question the opt in/out form.

All contractors opt out

It can effect your IR35 status if you opt in (bearing in mind I work through an umbrella not relevant anyhow which surely as the experts they are they should know this??)

[Wanderer]

In my 8 years of working I have never had anyone question the opt in/out form.
All contractors opt out
It can effect your IR35 status if you opt in (bearing in mind I work through an umbrella not relevant anyhow which surely as the experts they are they should know this??)

Let me guess, they sounded all upset and hurt when they told you this stuff and you almost (but not quite) felt sorry for the poor hapless saps? Ahh, bless them. You've got to love them for trying.

[SueEllen]

It can effect your IR35 status if you opt in (bearing in mind I work through an umbrella not relevant anyhow which surely as the experts they are they should know this??)

No they aren't experts.

They are told to make everyone opt-out because:
1. They can refuse to pay you if the client doesn't pay them. However if they were smart they would put a clause in your contract which mirrors their contract with the client, that states if the client doesn't pay them then your services are withdrawn immediately.
2. They can put a longer restriction of trade clause in the contract preventing you going directly with the client. Though most of them are stupid and put a generic clause in which isn't client specific, covers the client's customers and also extends to a time limit of a year.