Help...agency hell!

[craig1]

No, you're not.

If the employee and the umbrella both opt out of the agency regulations, in writing, before being introduced to the client, then you can be opted out legitimately. To imply that being through an umbrella makes you automatically inside is a myth.

(For the record, I think the OP is inside the regulations, as are most contractors, as I doubt that the opt out was done properly if at all)

Maybe it's me just being naive and having little to do with umbrellas but surely it'd be hugely difficult for an umbrella to effectively opt-out a contractor. Most contractors don't get into detailed enough discussions with agencies until far too late in the process for an opt-out to be anything other than a waste of time, umbrellas especially as they often don't get involved until contract negotiations right at the end.

[TheFaQQer]

Maybe it's me just being naive and having little to do with umbrellas but surely it'd be hugely difficult for an umbrella to effectively opt-out a contractor. Most contractors don't get into detailed enough discussions with agencies until far too late in the process for an opt-out to be anything other than a waste of time, umbrellas especially as they often don't get involved until contract negotiations right at the end.

I guess it depends on when the umbrella gets involved. If you have been with an umbrella for a while, then it's possible for them to have worked this out early on in the relationship and get it sorted.

It's possible, but I agree that it's unlikely. So few agents understand it anyway, I think that the number of people who are genuinely opted out (whether Ltd or umbrella) is incredibly small. I've only ever had one agent ask before sending the CV over, and even then they didn't get anything in writing before doing so.