Can I 'Opt back in' of Conduct of employment regulations?

[RobertLondon]

I have already begun a contract and have already had several extensions, I think that my status is 'opted out'. Is it possible to opt back into the regulations?

I understand that an 'opt out' is only valid if done before that start date of the contact, I 'opted out' once I had already begun my contract. Would this mean the regulations actually still apply to me (taking into account my extensions)?



Thanks.

[craig1]

I have already begun a contract and have already had several extensions, I think that my status is 'opted out'. Is it possible to opt back into the regulations?

I understand that an 'opt out' is only valid if done before that start date of the contact, I 'opted out' once I had already begun my contract. Would this mean the regulations actually still apply to me (taking into account my extensions)?



Thanks.

If you started before you "opted out" then you're opted in and your opt-out is just a waste of paper.

[malvolio]

But assuming yuo did actually Opt Out proerly you can opt back in again at any contract renewal point. You may get a different contract though, since some of the conditions, such as handcuffs, vary betwen the two positions.

More details here : Should I opt out of the Agency Regulations? | PCG

[Wanderer]

You read the sticky, at the top of the page, didn't you?

If a contractor has opted out then they can withdraw the opt out at any time but this won't take affect until the current contract ends. Once withdrawn, subsequent contracts with that agency (if any) will be governed by the agency regulations.

However, since you opted out after you started the contract, it's not valid so don't bother doing anything.

More details here : Should I opt out of the Agency Regulations? | PCG

RobertLondon, be aware that for all the good work they do, the PCG are somewhat biased towards opting out because it was them who lobbied for the opt-out clause to be inserted into the legislation...

[RobertLondon]

So just to confirm, even though I began the contract before opting out but have had renewals for the same contract post opting out I am still in effect opted-in?

[malvolio]

So just to confirm, even though I began the contract before opting out but have had renewals for the same contract post opting out I am still in effect opted-in?

You're opted in. End of.

You have to opt out before you are introduced to the client. "Introduced" has various interpretations depending on whether you're an informed contractor or an agent, but if you started work before "opting out" then it's too late by any definition.

As for the PCG pushing it, among its members are people who employ other people and people who work directly for multiple clients and it was they who wanted the opt out for solid commercial reasons. The general guidance was that it was better to opt out, but over the years that has become less of an issue wrt IR35. In reality it makes little practical difference unless you're really worried about handcuff clauses - and even then you might have a fight if the agency believe you opted out. The other supposed benefits of opting in are largely illusory, so the logic is that you opt out (properly) and behave like a business, then opt in if the contract warrants it.

FWIW I generally ignore the whole issue.

[psychocandy]

Still doesnt stop my agency occasionally sending me the opt out form again every few months reminding me that Ive forgotten to sign the form.

I've told them about ten times that I dont wish to opt out and I'm 4 months into contract anyway!