Opt out of Conduct of employment agencies 2003 act?

[SoleTrader]

Have you read this thread?
https://www.contractoruk.com/forums/...-2003-act.html

Read the first 10 or so pages but there's another 50 to go!

[northernladuk]

Read the first 10 or so pages but there's another 50 to go!

LMGTFY

and another useful topic on the subject which might give you some context

https://www.contractoruk.com/forums/...opted-out.html

[SoleTrader]

Well I'd prefer to stay opted-in. I suppose I just ignore their request?

[northernladuk]

Well I'd prefer to stay opted-in. I suppose I just ignore their request?

I think you'll find that won't work and if it does it will just leave you in limbo where neither of you know where you and leave you in a mess if you ever have to rely on your status for anything.

Ignoring agreements or situations you might rely on in the future is rarely a good idea.

[BlasterBates]

So just accepted my first contract pending signing it.

The agent has separately emailed me an Opt Out Declaration.



And the declaration itself:



So I gather I should not opt-out, besides I have already been introduced to the client (phone interview and face to face), the agent only told me about this when I verbally accepted the offer pending signing the contract. "I'm going to send you the opt out agreement bla bla bla..." me: "okay".

Should I inform the agent that I do not wish to opt out, or just simply return the Service Provider Contract only (after review)?

Do QDOS still recommend opting out because of IR35? I was going to get an IR35 review from them for the Service Provider Contract.

Advice would be much appreciated.

As a business outside IR35 I think it sends a strange message to include a statement in your contract that you are covered by employment regulations, because if you really want to ensure that you are covered, it should be explicitly stated.

[Andy Hallett]

I know I've been away for a while, but when did the end client not the contractor decide the opt out status?

Contract Violation? - Breach of Contract - Contractor Weekly

[ComplianceLady]

Folks, if an agency insists that you must opt out or tells you that they only take "opted out" contractors then they are acting illegally. Do your fellow contractors a favour and report the agency to the following organisations:

1. Employment Agency Standards Inspectorate [email protected]
2. REC (if the agency is a member)
3. PCG [email protected] (if you aren't a PCG member, consider joining too)

That's not generally how they operate though - 'we offer opted out PSC contracts or opted in or out umbrella contracts, you are free to choose either.'

[malvolio]

That's not generally how they operate though - 'we offer opted out PSC contracts or opted in or out umbrella contracts, you are free to choose either.'

Sorry but you are a little out of date. The opt out is actually irrelevant since what actually happens is that agencies will refuse to trade with companies who are not opted out. Just like avoiding the new IR35 rules by deciding not to work with PSCs...

Then again - with the possible exception of S3 who listened to me some years ago and sorted out how they do it - almost every attempt at an opt out that I've seen has been invalid. All we're missing is some bolshie git to take an agency to court that has tried to enforce an opted out condition.

[Andy Hallett]

Then again - with the possible exception of S3 who listened to me some years ago and sorted out how they do it - almost every attempt at an opt out that I've seen has been invalid. All we're missing is some bolshie git to take an agency to court that has tried to enforce an opted out condition.

See, not all agents are bad!

[JamesC34]

What happens if the outside IR35 Consultant has signed the contract, but refused to sign the opt out?
Meanwhile the Agency has also signed a contract with the Client, and there is a first day meeting already set up between Client and the Consultant.
Surely the Agency cannot enforce the opt out in this circumstance? They cannot prevent the assignment starting, and they have to pay the Consultant even if they refuse to opt out? After all, contracts have been signed.