Thanks Tim for your explanation.
To clarify a further point: if I do opt out ("forced" by my agency), then the terms of my original contract do apply, i.e. I must wait 6 months before working for my current client under a different agency. Is that right? (my contract says 6 months).
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Reply to: Can you refuse to opt out?
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "Can you refuse to opt out?"
Collapse
-
Guest replied
-
Guest repliedanswers:
1) (a) the agency will take a business led decision not to deal with you at all or to only deal with you on an increased margin to pay for the extra work and risk that accompanies an opted in person (company).
(b) you will be virtually condemming yourself to being 'offered' an IR35 fail contract because the leglisilation seems to require you to personally perform the services under the 'control' of the client.
2) No, an opt out is required before the "introduction" phase.
tim
and yes, I've edited this cos I cocked up.
Leave a comment:
-
Guest started a topic Can you refuse to opt out?Can you refuse to opt out?
Like many contractors here (I am sure), my agency has contacted me and asked me to "opt out" of the Conduct of Agencies act or whatever it's called.
They have asked me to send them an email back, like this:
(Limited Company Name)
Limited Company Registration Number
Do you operate via an umbrella company? Yes/No
Umbrella Company Name
I, (Name), acting in my personal capacity and as director of (Ltd Co Name) (Delet if working through an umbrella company) agree the following:
*        the conduct of Employment Agencies and Employment Business Regulations 2003 shall not apply to the services provided by (gp co) to (ltd co name); and
*        this opt out shall extend to all fixed term contract services (ltd co) may provide to (gp co) now and in the future; and
*        this opt out shall extend to fixed term contract services (ltd co) may provide now or in the future to associated acompanies of (gp co)       
with blanks filled in.
I have 2 questions on this:
1) what happens if I refuse to opt out?
2) is it possible to neither opt in nor opt out (i.e. sit on the fence), or are you "in" by default if you don't opt out?Tags: None
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Leave a comment: