Contacts and Recruiting Agents

[Appsolve]

Most recruitment companies would want you to opt out as that will
make them able to be more flexible and competitive on your behalf when trying to secure new
contracts. If you’re an independent contractor who is either self-employed or
working through a limited company, it is advisable for clarification of your IR35 status for you to
opt out.

[cojak]

Opting-out removes Agency risks for factoring purposes amongst other things.

There are no benefits to the contractor to opting-out apart from the fact that it does not close doors to us getting contracts.

Contractors do opt-out for various reasons but please do not insult our intelligence by saying we do it for our benefit.

[b0redom]

Most recruitment companies would want you to opt out as that will
make them able to be more flexible and competitive on your behalf when trying to secure new
contracts.

How exactly?

If you’re an independent contractor who is either self-employed or
working through a limited company, it is advisable for clarification of your IR35 status for you to
opt out.

No it isn't. This is completely wrong.

[northernladuk]

Most recruitment companies would want you to opt out as that will
make them able to be more flexible and competitive on your behalf when trying to secure new
contracts. If you’re an independent contractor who is either self-employed or
working through a limited company, it is advisable for clarification of your IR35 status for you to
opt out.

We have god knows how many threads on this including a huge sticky as well as all the info in google and the guides to the right and people still can write this tosh. Words fail me.

[cojak]

We have god knows how many threads on this including a huge sticky as well as all the info in google and the guides to the right and people still can write this tosh. Words fail me.

Appsolve is a recruitment agency.

I think that answers your question NLUK.

[TheFaQQer]

You don't - that's between the agent and the client to sort out. If the agent doesn't get the terms to match then that's their problem.

Generally, that's true.

Unless there is an IR35 investigation and the terms between client and agency (which you haven't seen) are completely different. For example, if the upper contract does not allow for a substitute to be sent, but yours does, then unless your contract states that the lower contract takes precedence, then the reality of the situation is that you have no right of substitution, thus weakening your IR35 defence.

This is one reason why going direct is better - you know all the terms you are agreeing to, whereas with an agency in the mix the reality of the situation (which is what is important in an IR35 investigation, not the written contract) may be something that you aren't really aware of.

[northernladuk]

Appsolve is a recruitment agency.

I think that answers your question NLUK.

That would explain the complete lack of understanding and application. Many thanks for pointing that out Cojak.

[Appsolve]

How exactly?


No it isn't. This is completely wrong.

Refer to the discussion "Opt in, opt out? What the agency regs are all about" in Answers, as told to CUK, by David Buckle. I rest my case.

[Appsolve]

Appsolve is a recruitment agency.

I think that answers your question NLUK.

No cojak, not a recruiting agency. You got it wrong

[cojak]

Refer to the discussion "Opt in, opt out? What the agency regs are all about" in Answers, as told to CUK, by David Buckle. I rest my case.

Well if you want to play that game, I see your case and raise you mine...

Opt-in, opt-out?Legal specialist Egos comments :: Contractor UK

Conclusion

Overall, I find it difficult to see that there is any sound commercial reason why a contractor providing services through an agency would wish to opt out of the new regulations.

Roger Sinclair, Egos Ltd

I rest my case too...