Opt out of Conduct of employment agencies 2003 act?

[PerfectStorm]

I have recently received advice from QDOS that opting out, rather than in, is preferable.

To date the only advice I've seen to opt in has been from this forum.

[Dactylion]

I have recently received advice from QDOS that opting out, rather than in, is preferable.

To date the only advice I've seen to opt in has been from this forum.

There is a suggestion that the value of any advice is related to how much you pay for it...........
On the other hand good advice doesn't have to cost anything....

YMMV

[northernladuk]

There is a suggestion that the value of any advice is related to how much you pay for it...........
On the other hand good advice doesn't have to cost anything....

YMMV

But bad free advice could be the most expensive option

[Dactylion]

But bad free advice could be the most expensive option

I take your point but counter with:

...if the advice you received was identical then the advice you paid for would be the most expensive.
Logically this is true of good or bad advice.

The OP (well the most recent OP) has the issue that the paid advice is different from the free advice/consensus. Albeit his paid advice may be the "free" review included in QDOS insurance?

[SueEllen]

I have recently received advice from QDOS that opting out, rather than in, is preferable.

To date the only advice I've seen to opt in has been from this forum.

I would read and understand the Conduct Regulations, which as an Act of Parliament, are available online.

Then you can make your own decision.

[Sympatico]

AWR and CR

I have recently received advice from QDOS that opting out, rather than in, is preferable.

To date the only advice I've seen to opt in has been from this forum.

I just searched for QDOS advice on opt out

I would not trust advice from an organisation that does not know the difference between the Agency Workers Regulations and the Conduct Regulations.


Legislation You should Know and Understand

AWR (Agency Workers Regulations)
This legislation should have little impact on you as a contractor but now again it will crop up, namely if a recruitment agency you are using asks you to “opt out”. The regulations were introduced to create a minimum standard to the recruitment industry and thus protect the workers who use them, with which means that there is a degree of entitlement to more rights similar to employees than before, regardless of how you operate. These might include being paid regardless of whether the end client pays the agency or not. Your agency may ask you to “opt out” of the regulations, meaning that you agree for the regulations not to apply to you. There are benefits for and against opting out and there may be implications under IR35 for not opting out, either way you cannot be forced to do so. Please speak with one of our contract experts if you require some advice or further information about the AWR and opting out of it.

[squirrel99]

I think my agency really don't understand the purpose of opt out.

I told them today that I am awaiting client's confirmation regarding one of the clauses as it suggests I am inside of IR35.

Agent's response was 'oh so I guess you decided to opt out and work outside of IR35'

Seriously exhausting. I understand them pushing people to opt out, but I don't understand their lack of comprehension of the subject.

[NigelJK]

Follow the money. What's the length of the handcuff clause?

[northernladuk]

I think my agency really don't understand the purpose of opt out.

I told them today that I am awaiting client's confirmation regarding one of the clauses as it suggests I am inside of IR35.

Agent's response was 'oh so I guess you decided to opt out and work outside of IR35'

Seriously exhausting. I understand them pushing people to opt out, but I don't understand their lack of comprehension of the subject.

You don't need to understand... Just know it happens. Then you are prepared and can deal with it. Simples.

[klaudios]

Opt in or out

Hi guys

I am starting a new contract and I found out about it through colleagues, but had to handle it with an agency to get in the loop (client is not contracting directly these days).

Got the offer from thr client and contract from the agency.

Now the agency requires me to sign opt out form for code of conduct and another form for AWR to state it falls outside IR35. Handcuff clause (no direct business with client) for 12 months after termination. Is this usual or too high?

Should I opt out or remain in for the code of conduct?Might be interested in direct contract or perm position with the client in the future.

I find misleading info in this forun and websites like pcg / accountants

Thanks!