Opt in or out

[suityou01]

I don't normally stray outside the bear pit, but for this once I will.

I received this newsletter

I agree totally with the contents but wanted to add one thing.

I as once "caught out" by an agency who for some reason wanted me opted in.
It is from the moment the agency represents you that you must be opted in or out. Some say this is the moment your CV is sent forward, others say it is the moment you set foot on site, be it for an interview or your first day.

From experience, always agree with the agency is opted in or out before your interview.

HTH

SY01

[craig1]

If you're introduced to a client (e.g. they send your CV) BEFORE the agency asks you to opt out then the opt out is irrelevant and meaningless, you're opted in whether they or you want it or not.

If you don't discuss it with an agency then you're opted in by default.

In my opinion, you should only opt out if there are very good reasons to do so. Earlier this year an agency asked me to opt out "for my own benefit" and to "stop me being caught by IR35" before they sent the CV, I refused but gave them an option of me opting out in return for them paying £50 extra per day. They declined but I still got the role and stayed opted in.

[kingcook]

I had a couple of phone calls with agency on pre-20/10/2010.

Had interview with the client on 20/10/2010.

Agent ask me to opt-in or opt-out on 25/10/2010 (5 days later!).

I went for opt-out, anticipating that the agent may try to get me to opt-out anyway, as the opt-in would cost him more (holiday pay, etc) -- but knowing i'm really opt-in anyway

[SueEllen]

I had a couple of phone calls with agency on pre-20/10/2010.

Had interview with the client on 20/10/2010.

Agent ask me to opt-in or opt-out on 25/10/2010 (5 days later!).

I went for opt-out, anticipating that the agent may try to get me to opt-out anyway, as the opt-in would cost him more (holiday pay, etc) -- but knowing i'm really opt-in anyway

Since when did limited companies get holiday pay?

You are confusing an agency temp who is a person, with a company which is just a legal entity.

[suityou01]

If you're introduced to a client (e.g. they send your CV) BEFORE the agency asks you to opt out then the opt out is irrelevant and meaningless, you're opted in whether they or you want it or not.

If you don't discuss it with an agency then you're opted in by default.

In my opinion, you should only opt out if there are very good reasons to do so. Earlier this year an agency asked me to opt out "for my own benefit" and to "stop me being caught by IR35" before they sent the CV, I refused but gave them an option of me opting out in return for them paying £50 extra per day. They declined but I still got the role and stayed opted in.

That's the point Craig1, you send an opt out email / letter to the agency BEFORE they represent you.

If you opt in it can (marginally) have an impact on your IR35 status. As I say this is marginal and there are other more significant factors as I'm sure you are aware. I would always opt out as I am a rough tough limited company and don't need the molly coddling that opting in brings.

[craig1]

I would always opt out as I am a rough tough limited company and don't need the molly coddling that opting in brings.

That's fair enough but what if your client goes bust or the signing manager goes off long-term sick and no-one else will sign your timesheets? Opted out, the agency can shrug and say "money in, money out" whereas if you're opted in they have to pay regardless.

On the balance of things, for me, the benefits of being opted in far outweigh the benefits of being opted out.

[Wanderer]

I would always opt out as I am a rough tough limited company and don't need the molly coddling that opting in brings.

That seems to summarise the only valid reason for opting out - to prove how hard you are.

I don't sign my company's statutory rights away for no reason - I'm opted in... It might cause agencies a but I don't care. That's the way I do business, end of.

[configman]

That seems to summarise the only valid reason for opting out - to prove how hard you are.

I don't sign my company's statutory rights away for no reason - I'm opted in... It might cause agencies a but I don't care. That's the way I do business, end of.

My agent has just refused to pay because I am opted in by default, I had the agent send an email stating that payment will be made in full once I signed the declaration to opt out. This is a month into the contract and because I am being held to ransom know if it comes to the crunch I am still opted in by default. It really shows the naievity of agency staff.

[kaiser78]

My agent has just refused to pay because I am opted in by default, I had the agent send an email stating that payment will be made in full once I signed the declaration to opt out. This is a month into the contract and because I am being held to ransom know if it comes to the crunch I am still opted in by default. It really shows the naievity of agency staff.

Probably being a bit slow here, not sure what you mean by the bit above ?

My main concern is that if I am still opted in by default as I have already had contact with client co and the agent wants me to opt out, they could withhold payment until I have opted out ?

[configman]

Probably being a bit slow here, not sure what you mean by the bit above ?

My main concern is that if I am still opted in by default as I have already had contact with client co and the agent wants me to opt out, they could withhold payment until I have opted out ?

I have been working for the client for 1 month, now the first one months payment is due the agent has refused to pay unless I sign an opt out form. At no time until this point have I been asked to opt out, therefore I am opted in unless I agree otherwise. The contract was signed with me opted in by default.