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Previously on "being forced to Opt Out"

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  • northernladuk
    replied
    Originally posted by BlasterBates View Post
    To opt in means you are under the control of the client which is one of the indicators of employment. So ok being opted in doesn't necessarily mean you are inside IR35 but it isn't helpful.
    The status has never been discussed in any tribunal or case as its just such a weak argument so you can safely say it doesn't matter a hoot.

    QDOS even claim using Opt in if its available is a pro IR35 flag as you've made a commercial decision based on what is best for the company. You've opted to go down he extra protection route which is good business. Very thin of course so we are back to the IR35 issue is so negligible it's not worth worrying about.

    Nothing to do with IR35 may not have been the best wording... IR35 is irrelevant? It won't affect your status? It's IR35 neutral. Something else along those lines...

    Leave a comment:


  • BlasterBates
    replied
    Originally posted by northernladuk View Post
    Opt in/out has absolutely nothing to do with IR35...
    To opt in means you are under the control of the client which is one of the indicators of employment. So ok being opted in doesn't necessarily mean you are inside IR35 but it isn't helpful.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by scooby View Post
    Fairly much what i thought, cheers. i know other suppliers with a strong presence in the client, so going through that route now...
    It's highly unlikely they've handled it right so isn't the status they think it is... but as I say, pointless either way.

    Leave a comment:


  • scooby
    replied
    Originally posted by northernladuk View Post
    It's their choice. They can decide if they want to deal with opt out contractors only which it seems they've done so your options if you want to work with them is to opt out. Simple as that.

    Bearing in mind there is less responsibilities for the agent if you opt you then that's the route they'll take by default.

    Opt in/out has absolutely nothing to do with IR35...

    It's pretty pointless as well as to date I haven't seen a single issue resolved by your status so just take the path of least resistance and get on with it. You've more chance of being struck by lightening than your status making and ounce of difference.
    Fairly much what i thought, cheers. i know other suppliers with a strong presence in the client, so going through that route now...

    Leave a comment:


  • northernladuk
    replied
    It's their choice. They can decide if they want to deal with opt out contractors only which it seems they've done so your options if you want to work with them is to opt out. Simple as that.

    Bearing in mind there is less responsibilities for the agent if you opt you then that's the route they'll take by default.

    Opt in/out has absolutely nothing to do with IR35...

    It's pretty pointless as well as to date I haven't seen a single issue resolved by your status so just take the path of least resistance and get on with it. You've more chance of being struck by lightening than your status making and ounce of difference.

    Leave a comment:


  • scooby
    started a topic being forced to Opt Out

    being forced to Opt Out

    Interesting, in the last week I have had contact for two roles from the same agency both agents pushing the need to opt out and that it is an IR35 flag. I've not commented to either agent that i would or wouldnt, also not signed any paperwork yet. One has just called me to say "they have other candidates who have signed out, we're going with them".

    Now i know it's been a few years since i needed to use an agent (i'm not really looking currently, so dont NEED to use an agent), but is this forcing you to opt out and not being selected common practice by agencies now?

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