First contract: opting in or opting out from Employment Agencies Act

[SueEllen]

If a contractor does not opt out of the Conduct regulations this could have a knock-on effect form an IR35 perspective. Opting in to the regulations suggests that the contractor is working under the control of the end client which would be deemed as a pointer towards employment. Additionally opting in guarantees payment from the agency even if the agency aren’t paid by their client. A contractor should have an element of financial risk as this is a helpful pointer towards being in business.

From an IR35 perspective opting out of the Conduct Regulations is a much more consistent approach for those running their own business, but ultimately ‘opting in or out’ is unlikely to determine your IR35 status in isolation.

Jon

Bollocks!

[FatLazyContractor]

[northernladuk]

tulip's just got real....

[Qdos Contractor]

SueEllen – My comments are based solely from an IR35 perspective. The concept of ‘opting in’ or ‘opting out’ is unlikely to have a direct impact on IR35 status and isn’t a conclusive issue. However from our experience of reviewing contracts, “opt in” contract terms often do not cover positively key tests, and it can be perceived that the contractor should be operating inside of IR35.

That being said all agreements should be viewed on their own merits.

Jon

[SueEllen]

SueEllen – My comments are based solely from an IR35 perspective. The concept of ‘opting in’ or ‘opting out’ is unlikely to have a direct impact on IR35 status and isn’t a conclusive issue. However from our experience of reviewing contracts, “opt in” contract terms often do not cover positively key tests, and it can be perceived that the contractor should be operating inside of IR35.

That being said all agreements should be viewed on their own merits.

Jon

Luckily then I don't get my contract reviewed by you.

[northernladuk]

Luckily then I don't get my contract reviewed by you.

Ouch.

[SueEllen]

Ouch.

This is General I'm allowed to be rude.

[Mordac]

Luckily then I don't get my contract reviewed by you.

Someone upset you dear?

[FatLazyContractor]

Someone upset you dear?

I'd have asked a different question, if it was me.

[Mordac]

I'd have asked a different question, if it was me.

Yep, you would have. I tend to find life is generally easier if one avoids upsetting a pre-menstrual female.