Opt in/out !? Again !

From the regs, summaries on the net AND "real" advice from Lawyers.

Regards

Mailman

""You can change your status when ever a contract is up for renewal. Just send them a signed letter telling them what you are doing.""

Where did you get this from !? The actual regs or one of the write up/summaries on the web !?

Opt in, guaranteed payments without undue delays. Another bonus is the ability to ditch the agents at the end of the contract and either go to someone else or contract directly with the client (there is provision for the agents to be managed out of the relationship though, usually this is achieved through an agreed set amount of time etc).

Opt out, you can be f*cked about by the agents who fob you off and dont pay up for months, if ever, on end. Agents will threaten to sue you if you go direct or contract through someone else back to your client (even if they have a snowballs chance in hell of winning).

Being opted in is NOT an indicator that you are caught in an IR35 type contract. The IR couldnt care less if you are opted in, or out or shake it all about!

Mailman

What are the pros and cons of opting in and out ??

You can change your status when ever a contract is up for renewal. Just send them a signed letter telling them what you are doing.

BTW, I think the opt out MUST be in the form of a seperate letter, signed, from yourself saying you are opting out. The wording is quite specific I believe.

Regards

Mailman

I'll see what mood I'm in next week when the renewal should be OKed and decide if I want some agency aggro !!!!

Legally speaking you cannot opt-out if you have already been intorduced to/worked for the client.

The opt out you signed is meaningless and will never hold up in court, tell them to try it if they don't belive you.

Apologies for reposting this issue. I noticed a poster who I think may be well qualified on this issue !?

I have been at a client for 14 months ( four 3 month renewals ) ( ie. started pre new employment regs ) with a renewal coming up. My initial contract made no mention of opt in/out and I didn't sign anything saying I would opt out. I was sent an email when the new regs came out asking me to opt out, I ignored it. When my renewal came it had a 'Opt Out' box ticked, after a bit of fluffing around I just signed the renewal, mainly due to laziness. When the next renewal came I tried to say I wanted an Opt In contract but the agency basically avoided the issue or waffled and wouldn't change it, I signed it and have signed similar contracts since. I was led to understand by the client that they would take out a 'Extended Period of Hire' of 3 months on me and thus get rid of the agent but they have backed out of this and just want to continue as we've been going on. The client is very local to me and at the end of this engagement I don't want to be tied to a 12 month exclusion clause as I think there will be bits of work here and there and I don't the hastle of dealing with an agent in the middle looking after their interests and not mine. If I can force the agency to acknowledge I'm not legally opted out and thus issue an opt in contract when I renew I'll get rid of the 12 month exclusion clause. Any opinions on how I stand legally ? What happens if the agency just refuse to issue the opt in contract ?