Thoughts...?

[super]

Received this e-mail. Have masked names etc. Don't mind the IR35-friendly-ish contracts, but not so sure about the enforced opt-out of the Regs...

_________________________
Hello qpqpqpqpqpqpq

Thank you for registering with XXXXXXXXX. Your details will be entered onto our computer system and will be accessible by all of our offices to ensure that
we can provide you with the widest choice of opportunities.

We act as Employment Business for all contract vacancies and as an Employment Agency for all permanent vacancies.

If you are a Contractor considering using the services of XXXXXXXXX as an
Employment Business in the United Kingdom please read the following:

Where we are acting as an Employment Business we will be providing
subcontracting project work services and/or temporary assignments to:

· Limited Companies trading legitimately outside of the provisions of
IR35
· Limited Company contractors for whom the provisions of IR35 are
applicable
· contractors who are represented by third party organisations (e.g.
JSA or Giant)

XXXXXXXXX does not supply workers who fall under the direction and control of our customers. Therefore, the Conduct of Employment Agencies and Employment Businesses Regulations ('the Regs') do not apply to the services that we supply.

The detailed EAA regulations can be found at :
http://www.legislation.hmso.gov.uk/s...3/20033319.htm
with background information and guidance at:
http://www.dti.gov.uk/er/agency/regs-pl971.htm#agencies

There is now an obligation on Employment Agencies and Employment Businesses to obtain a declaration from the Contractor AND their Limited Company as to whether or not they require the protection of the Regs in their dealings with the Employment Agency or Employment Business. It is therefore vital that you confirm by return of email that you wish XXXXXXXXX to act on your behalf and that you wish to opt out of the Regs in order that you are not treated by the authorities as a worker under the control of the client for whom your company or any third party are providing contracted services.

Please reply with OPT OUT in the heading of your email with the following
declaration:
· "Both the Contractor (enter Limited Company name) and the work
seeker (enter worker name), wish to opt out of the Conduct Regulations."

Kind regards,

XXXXXXXXX
_________________________

[Captain Jack]

Received this e-mail. Have masked names etc. Don't mind the IR35-friendly-ish contracts, but not so sure about the enforced opt-out of the Regs...

If you feel strongly about it, report them to the DTI for implying that the option to opt out doesn't seem to have been presented in a very optional way.

[Denny]

If you feel strongly about it, report them to the DTI for implying that the option to opt out doesn't seem to have been presented in a very optional way.

Better still remind the agency that should you take on the assignment as an IR35 friendly contractor with signed terms to match and opted out too but still wind up being treated by the end-client as if you are a bum on seat pseudo employee under the control of the client with no right reals of substitution that are enforceable with minimum fuss, autonomy to work where and when you like provided the job is done just as the IR would expect if they were carrying out an investigation to find out if you're operating as a 'real busienss' then you will sue the **** out of them for breach of contract if the client terminates early because you're not 'fitting into the team' or not in their office like their usual permies and are upsetting staff morale. What's more, being treated like a pseudo permie whether you have a IR35 friendly contract or not will stuff any chance of you legitimately claiming NI free divis on your limited company which will amount to more losses for your company. No agency can enforce opting out and 'services of' conditions unless they realistically expect their client to play ball too. Make sure you're contract is back to back as well. Otherwise the agency to client contract may well be more of a 'services for' contract (under client control).

Spoke to someone at Qdos yesterday about the implications of all of this because I too am being faced with this dilemma. The real problem, as I've said all along, is that contractors have no real clue how they will be expected to work on site once they take up the contract unless they've already discussed it with the client beforehand or because they anticipate that their new contract terms in practice will be similar to those already performed in similar roles in the past.

[The Lone Gunman]

Denny has a point.

Mail the agent back and ask them to confirm in writing that you will not be under control of client. Also ask them to indemnify you against any IR35 proceedings on this basis as they are so sure.