Opt out of Conduct of employment agencies 2003 act?

[caffiend]

Thanks Dave, so much on this thread that my head was starting to explode with the should I, shouldn't I - as I implied, a little learning is indeed a dangerous thing. You've really focussed me on what matters, cheers for that.

My wording was deliberately chosen as their contract heading reads: AGREEMENT WITH A SELF-EMPLOYED CONSULTANCY WHO HAS OPTED OUT OF THE CONDUCT REGULATIONS (OUTSIDE IR35). I sent a 'dim' email deliberately as I want to see what they'll come back with first. This particular agency has been quite demanding/implying they're in charge - and I'm done with rolling over for their commission. Night's sleep and your post have clarified: I'll see if I can push on the 6 mo. restriction at least, even if not, I'll sign, just want to let them know that I'm not following blindly ...

[northernladuk]

Don't send dim mails and try and play the agency cause you will lose. They deal with 100s of contractors a day and will be used to the guy that pretends to know it all and will steamroll him hard. If they get the idea you know what you are doing they will be pretty straight with you. Playing games makes you look like an easy touch and doesnt help your cause.

[missinggreenfields]

I sent a 'dim' email deliberately as I want to see what they'll come back with first. This particular agency has been quite demanding/implying they're in charge - and I'm done with rolling over for their commission.

Hate to break it to you - they are in charge.

[caffiend]

Hate to break it to you - they are in charge.

Let's say we're equals, for this time. They're taking out the opt out clause, adamant about the 6 month restriction - which I can live with for this particular contract actually, repeat business unlikely. The joys of being in a shortage field.

Point taken though: I've made several notes on things that I must ask SOONER next time round, thanks again to everyone who has contributed their expertise

[Pondlife]

Let's say we're equals, for this time. They're taking out the opt out clause, adamant about the 6 month restriction - which I can live with for this particular contract actually, repeat business unlikely. The joys of being in a shortage field.

Point taken though: I've made several notes on things that I must ask SOONER next time round, thanks again to everyone who has contributed their expertise

If you're opted in then it limits the restriction in your contract to 14 weeks from the start or 8 weeks from the end.

[MrMarkyMark]

If you're opted in then it limits the restriction in your contract to 14 weeks from the start or 8 weeks from the end.

Yet again more evidence of an agency not knowing what they are talking about

[caffiend]

Good point, should have spotted that

[SueEllen]

Good point, should have spotted that

Good thing you didn't.

[Freud]

Limited Company Opt-In ?

Hi all,

I realise this is a long thread and has probably been done to death.

I have read a fair few of the posts on the thread and the article here: Opt-in, opt-out?Legal specialist Egos comments :: Contractor UK but still not 100% sure what I should do.

Although mentioning Limited Companies, the article seems to focus on individuals going direct and recommends that Opting Out should be avoided.

What is the general view, that Opting Out is not advised for anyone, including a Limited Company ?

I provide my services through a Limited Company and have secured a contract direct with a Client but they are directing through their preferred agency for the contractual side.

Given I sourced the job directly and the agency is really only there to manage the administrative side, including invoicing and payments, should I stay Opted In to the 2003 act ?

It is worth noting that my contractual relationship will be with the agency and not the Client.

Thanks

[northernladuk]

Hi all,

I realise this is a long thread and has probably been done to death.

I have read a fair few of the posts on the thread and the article here: Opt-in, opt-out?Legal specialist Egos comments :: Contractor UK but still not 100% sure what I should do.

Although mentioning Limited Companies, the article seems to focus on individuals going direct and recommends that Opting Out should be avoided.

What is the general view, that Opting Out is not advised for anyone, including a Limited Company ?

I provide my services through a Limited Company and have secured a contract direct with a Client but they are directing through their preferred agency for the contractual side.

Given I sourced the job directly and the agency is really only there to manage the administrative side, including invoicing and payments, should I stay Opted In to the 2003 act ?

It is worth noting that my contractual relationship will be with the agency and not the Client.

Thanks

So you've been introduced already. This thread will explain in detail what your situation is. It's gonna be a slog but a good read will answer your question.

EDIT : That said Post number 5 from Wanderer gives you everything you need.