Agency regulations

[tim123]

Rubbish. The legislation was drafted badly and encompasses all flexible workers irrespective of their commercial relationship with the EB. There is nothing in effect that says that the law here can be disregarded or sidelined for expensive, professional contractors (even if that was the purpose for introducing the legislation in the first place).

It is not rubbish.

The legislation was written by a government who has a 'temps' mindset and it is them that they sought to 'protect' by the rules.

That is why it seems badly written from our pov.

I did not say that it only applied to temps.

You will note that all the other rules that continually spout out from Europe are also motivated by a 'temp' mindset. This is why we repeatedly have to remind them that not all short term workers are 'temps'.


tim

[tim123]

And remember - you can't opt out once you've been introduced to the client. If you've opted out, you can always opt back in, just by writing to the agency and telling them that you are opting in.

But this will only take effect for the next client. The regs are written for 'temps'. They assume the worker has a "long term" relationship with the agency, and a "short term" relationship with each client, rather than the other way round.

tim

[TheFaQQer]

I believe the default is opted-in, so if you have never signed anything then that is what you are - regardless of any protestations the agency might come up with.

And remember - you can't opt out once you've been introduced to the client. If you've opted out, you can always opt back in, just by writing to the agency and telling them that you are opting in.

[Cowboy Bob]

I believe the default is opted-in, so if you have never signed anything then that is what you are - regardless of any protestations the agency might come up with.

[Bluebird]

ok, but at the point I took on the contract should I have signed something that said that I either opted in or out ?

If I did I can't remember, if I ask the agency whether I opted in or out are they likely to laugh at me ?

[interested]

Opting in gives you many more options as Denny has said.

If, for example you discover that the agency is making a large margin, and you want some flexibility on extension time to either switch agencies or have a stronger negotiating position, then being opted in will enable you to do this

[Bluebird]

Not sure I understand this "opting" either in or out.

I've [ my ltd has ] got a contract with the agency - where does the opt in /out come into this ?

[tim123]

i have had conversations with agencies around this - they seem to think - oh we have a contract with the end client so you will not be able to do this..
!

Not if you're opted in they don't. The act specifically makes such a clause void.

tim

[jh0711]

i have had conversations with agencies around this - they seem to think - oh we have a contract with the end client so you will not be able to do this..

wonder who would win if it went to court? contracts law v's employment law

place your bets!!!

[Flat Eric]

Nice idea in theory but don't forget that the client will have a business relationship with the agency too.

I realised there was a flaw in my argument. It seems pretty ludicrous (from an agents point of view) that these regulations would allow this.

Anyway, I wasn't seriously considering doing this but it's interesting to know that the option exists and is entirely legal.

M.

[Gonzo]

That's an interesting point... What are others eperiences of this. I'd expect the agency to be really pissed at this arrangement.

It could also work to your advantage come renewal.

"Hey, Mr Agent, I'm thinking of going direct with the client, how about cutting your margin".

M.

Nice idea in theory but don't forget that the client will have a business relationship with the agency too.

[Flat Eric]

... I would stay opted in as it means you can go direct with the client once the contract ends.

That's an interesting point... What are others eperiences of this. I'd expect the agency to be really pissed at this arrangement.

It could also work to your advantage come renewal.

"Hey, Mr Agent, I'm thinking of going direct with the client, how about cutting your margin".

M.

[Flat Eric]

Thanks.

I've had an interview with the end client and going by what I've read, I'm automagically opted in. I wish I'd known that this was the case earlier.

It probably wouldn't have made much difference but I'd have liked to have had the choice.... (lesson duly learned).

Thx
M.

[oraclesmith]

What are you contracting as? Limited (in/outside IR35), umbrella, MSC, sole trader or just a temp PAYE employee? It makes a difference.

Basically if you're limited and want to stay outside IR35 (paying yourself a modest salary and sizeable divis) then you're not claiming as employment placement through the EB and therefore you should improve your IR35 status by opting out.

On the other hand, the regs give you some protection and risk reduction re. getting paid, so if you don't care about IR35 then you may be best to do nothing, which is by default opting in.

In my opinion.

[Flat Eric]

I've read a little on the agency regulations but am a little unclear about wether it would be better to opt in or opt out.

Can anyone offer any guidance.

(p.s.) after performing a couple of searches on here I came across this link

Apologies for wasting time posting repeat questions.

M.