Limited Company, Opt-Out of Regs, Debt Recovery Question (theory)

[mudskipper]

So, I have a limited company which is a traditional company in the sense I produce a product and sell it. But, for some extra cash (it's early days for the company) I decided to take a 3 month contract doing some programming on site for a company.

I've read about the agency regulations not even applying in circumstances like mine, but I'm no lawyer and this is my first contract, I signed the opt-out after reading some stuff online and it looked like it wasn't an issue for me, but then reading the forums here I'm beginning to wonder was it a mistake...

My main concern is payment, the client pays the agency and the agency pays me. Now, regardless of opting out or in, I understand it as: my company provides services to another company as part of a contract and if they don't pay, I am legally able to stop working and start debt-recovery proceedings, the opting-out has no affect on that, correct?

Also, if it helps the contract hasn't been signed yet so I could always ask for different terms, but can we pretend it is signed...

The Agency Worker regulations (which generally don't apply, but you might be asked to sign something to confirm you are in business on your own account so they don't apply) are different to the Agency conduct regulations (which will use the 'opt out' terminology).

Check your contract for what it says re: payment - that's what you should be worrying about.
It would be a very good idea to get your contract professionally reviewed - B&C, QDos and IPSE offer this service.

[sbux]

So, I have a limited company which is a traditional company in the sense I produce a product and sell it. But, for some extra cash (it's early days for the company) I decided to take a 3 month contract doing some programming on site for a company.

I've read about the agency regulations not even applying in circumstances like mine, but I'm no lawyer and this is my first contract, I signed the opt-out after reading some stuff online and it looked like it wasn't an issue for me, but then reading the forums here I'm beginning to wonder was it a mistake...

My main concern is payment, the client pays the agency and the agency pays me. Now, regardless of opting out or in, I understand it as: my company provides services to another company as part of a contract and if they don't pay, I am legally able to stop working and start debt-recovery proceedings, the opting-out has no affect on that, correct?

Also, if it helps the contract hasn't been signed yet so I could always ask for different terms, but can we pretend it is signed...