Agency regulations opt out

[JLP]

Hi,

Would somebody please be so kind as to definitively explain my opt-out status. I have searched and read many posts on these forums and I am still a little confused.

I am currently contracted to a hirer through an agency via an umbrella company. I have worked for the hirer continuously for over 12 months although the contract has been renewed several times during this period. I did sign an opt-out with the agency but this was over a month after I was introduced to the hirer and after I was offered the contract. It was however signed four days before I started working for the hirer.

Any clarification as to my current opt-out status would be much appreciated.

Best regards,

JLP

[SueEllen]

Agencies say you are opted-out if:
1. You sign a separate opt-out agreement, OR,
2. You sign an opt-out clause in your contract.

The PCG says you are opted-out only if you signed a separate opt-out agreement before the end-client got your CV with your name on, or met you.

What is the real case? No one knows because it's never been tested in a court of law. Even the Employment Agency Inspectorate who police the legislation say different things depending who you ask.

[malvolio]

Ask your umbrella. It's not your decision unless you own the intermediate company.

The PCG position is clear, but many agencies take the other definition of "introduced", which applies to an agency temp joining the workforce as an otherwise anonymous resource in the same sense as you introduce a bullet into a magazine). Blame the original drafters of the Regulations, who not only couldn't use English properly but also then refused to define the term precisely.

[Wanderer]

Would somebody please be so kind as to definitively explain my opt-out status. I have searched and read many posts on these forums and I am still a little confused.

Did you read the Opt Out sticky? The whole opt out thing was a huge own goal by the PCG who feared it would affect people's IR35 status, they should have just left it alone because as it turns out there is no problem with IR35. In future, just refuse to sign the opt out.

Any clarification as to my current opt-out status would be much appreciated.

The legislation says it must be done "before the introduction or supply" but that's ambiguous and agencies take that to mean that it can be done anytime before you start work. Some people think it's invalid because it wasn't done before you were introduced.

The bottom line is that no one knows what it really means and no one will ever know until it's tested in court which will not happen because no agency will let it get that far.

[JLP]

Hi all,

Thank you for your replies and sorry for the tardy response.

Well no wonder I was confused (despite reading the sticky and numerous other posts), it seems that the definitive answer is that there is no definitive answer but thanks for making that clear.

Rgds,

JLP