No payment until timesheets approved by client - IR35 ?

[SueEllen]

Didnt cojak put a thread up a little while ago about this that confirmed agents are doing nothing illegal be only putting forward opted out contractors for roles?

.

I got told the opposite.

Regardless of what we've been told it's foolish to accept such a clause in your contract.

If you don't have any legal knowledge get the contract reviewed before signing it and get clauses like that removed. One massive reason to use an agent is to factor payments so if they can't do that what use are they in the relationship?

[Graemsay]

No you're not. By the most genreous interpretation it has to be done before contract commencement or at renewal. And the only change permitted is to opt back in. But that apart, that has absolutely nothing to do with timesheets, signed or not.

Before laying down the law, perhaps you should learn what it is.

I spoke to two separate people at the Pay and Work Rights help line, and both stated that if you opt out then you are opted out from that point, regardless of whether you've already started work or not.

The usual advice given on forums or in contractor articles is what you stated, and this appears to be at odds with what I was told. So if the help line is incorrect then I'd dearly like to know.

Sorry if this is a bit off topic, but it tends to be wheeled out as a potential get out of jail free card in these sorts of discussions

[malvolio]

I spoke to two separate people at the Pay and Work Rights help line, and both stated that if you opt out then you are opted out from that point, regardless of whether you've already started work or not.

The usual advice given on forums or in contractor articles is what you stated, and this appears to be at odds with what I was told. So if the help line is incorrect then I'd dearly like to know.

Sorry if this is a bit off topic, but it tends to be wheeled out as a potential get out of jail free card in these sorts of discussions

What they didn't tell you was that this also means you will need a new contract: the regs have a direct influence on the contractual terms you need to meet the different states. The Agency may not be too happy about that...

If you read the PCG Guide to the Regs (tricky if you're not a member, but you should be anyway) it points out that the whole area of opting out in flight is very unclear, that a new contract is almost certainly required (hence, do it at renewal) and opting back in can be done at any time up to the commencement of work (under that contract, naturally). Also the guys on the desk wil be trained to deal with agency workers, not independent contractors.

But going back on your various posts, I say again that the opt out has sod all to do with what you're trying to acheive. But hey, it's your time you're wasting.

[SueEllen]

I spoke to two separate people at the Pay and Work Rights help line, and both stated that if you opt out then you are opted out from that point, regardless of whether you've already started work or not.

You can always read the law yourself as the Crown makes it freely available online. You just have to google it.

Then you can decide yourself whether people who are used to dealing with abused temps or lawyers who are use to drafting commercial contracts are correct.