Agency asking addtional Questions before sending out contract - help?

[malvolio]

<snip>
There is the following comment on the PCG website..

Agency Workers Regulations | PCG



but there is a lot of discussion about it which I don't quite understand but I do know it applies or doesn't. There is no opt in/out

The understanding was that Ltd Co contractors would be clearly out of scope. When the regs were pubished, they mysteriously included the "genuinely IBOYA" qualification. So the original clarity was replaced in a fog of mis-direction.

DBERR as was did assure PCG that Ltd Cos were out of scope, but that won't hold up until it's tested. So you can probably assume you are outside, but don't bet the house on it.

[Ticktock]

Bugger, yes. My distrust of agencies leapt into overdrive before I thought about what I was commenting on...

[Wanderer]

The understanding was that Ltd Co contractors would be clearly out of scope. When the regs were pubished, they mysteriously included the "genuinely IBOYA" qualification. So the original clarity was replaced in a fog of mis-direction.

The test for coming under the Agency Workers Regulations is effectively the same as the IR35 test so you could argue that not having LTD company contractors automatically exempt from the AWR is a good thing as it gives agencies and clients a real incentive to structure their engagements with contractors towards being a genuine B2B relationship rather than treating them as disguised employees....

[psychocandy]

Is question 4 a trick? Hoping you'll answer "yes" to saying you're in business on your own account, and not realise that they're asking you to opt-out of AWR at the same time?

Alternatively, if you answer "no", as you don't want to Opt Out, are you then saying that you're NOT in business on your own account?

Yeh. Q4 is a trick to get you to agree to opt out I reckon. Maybe the whole thing is just a trick to get you to say 'Yes I am a business' etc and tie it in with the old - you must be opted out then bollax.

[northernladuk]

Yeh. Q4 is a trick to get you to agree to opt out I reckon. Maybe the whole thing is just a trick to get you to say 'Yes I am a business' etc and tie it in with the old - you must be opted out then bollax.

Read the next 2 posts one below ticktocks........