Writing an "Opt-In" letter

[malvolio]

Only been contracting these last 3 years, been in an umbrella, MSC, now my own Ltd. Before that I was freelance, direct, on fixed term PAYE contracts. Still a relatively new game to me and not earning the big bucks like some on here, yet.
Not sure whether the benefits of joining PCG are worth the money. Already have IR35, PI and PL insurances. Was told the PCG forum isn't up to much.

I would suggest it is worth it. You can save serious money using their standard cover and other discounts and the forums are way more informative and wide-ranging than what we usually find on here (ducks for cover...)

Anyway, more members equals louder voice equals more influence with The Powers That Be. Isn't that a good reason for joining anyway?

[The Lone Gunman]

Only been contracting these last 3 years, been in an umbrella, MSC, now my own Ltd. Before that I was freelance, direct, on fixed term PAYE contracts. Still a relatively new game to me and not earning the big bucks like some on here, yet.
Not sure whether the benefits of joining PCG are worth the money. Already have IR35, PI and PL insurances. Was told the PCG forum isn't up to much.

I think you will find joining the PCG is worth it. You will get access to good advice and some worthy products.
I have posted lots against them on here, but would still recomend that you at least find out for yourself.

Opt In (my opinion. I am not qualified to give this opinion): In the regulations it clearly states that when opted in the agent must clearly state whether you have a contract for services or of service. If you have one for services then you have a clear legal notification that you are outside IR35. In the worst case you should be free of IR35 penalties as you had a legal document that suported your status.

[Cowboy Bob]

Not sure whether the benefits of joining PCG are worth the money. Already have IR35, PI and PL insurances. Was told the PCG forum isn't up to much.

It's worth it for a newbie, but not really worth it for the seasoned pro. I've let (or am letting - can't remember when it's up for renewal) my membership lapse. Haven't visited their site at all in the last 6 months or so, so have come to the conclusion it's not worth it anymore.

[realityhack]

The detailed guidance is on the PCG website if you're a member (and if you aren't, why not!).

Only been contracting these last 3 years, been in an umbrella, MSC, now my own Ltd. Before that I was freelance, direct, on fixed term PAYE contracts. Still a relatively new game to me and not earning the big bucks like some on here, yet.
Not sure whether the benefits of joining PCG are worth the money. Already have IR35, PI and PL insurances. Was told the PCG forum isn't up to much.

[malvolio]

Please tell me if I understand this correctly:

If you opt in, you're more likely to be caught by IR35 and seen as an employee, but you have more rights with the EB, and can go direct with an old client after a gig.

If you opt out, you're more likely to be seen as a business, clearer of IR35, but you have fewer rights with the EB, and can't go direct with an old client for a certain period of time.

I've searched the board but there were many conflicting views. I'm opted out (was asked by the EB at the beginning of my contract) and am thinking of opting in. What are the pros/cons of either?

None of the above. Opt-in or out makes no difference to your IR35 status at all. It also makes no difference to the status of your business.

Opting out absolves the EB of some responsibilities and risks - if you are opted in you have to be paid regardless of whether or not the agency has been, and there is a big limit on handcuff clauses, plus a small pile of other trivia. Therefore, opt-out, save the agency some work and use the leverage to get a better contract, or opt in and reduce your own business risk at the expense of more employee-like contract terms, which just might have an effect on an IR35 investigation.

The detailed guidance is on the PCG website if you're a member (and if you aren't, why not!). FWIW I opt out every time, but that's just me...

[realityhack]

Please tell me if I understand this correctly:

If you opt in, you're more likely to be caught by IR35 and seen as an employee, but you have more rights with the EB, and can go direct with an old client after a gig.

If you opt out, you're more likely to be seen as a business, clearer of IR35, but you have fewer rights with the EB, and can't go direct with an old client for a certain period of time.

I've searched the board but there were many conflicting views. I'm opted out (was asked by the EB at the beginning of my contract) and am thinking of opting in. What are the pros/cons of either?

[malvolio]

But you are already opted in, that's the point. If the agency coerced you into accepting an opt-out clause, it doesn't apply, it has to be a voluntary decision by you: after all, what would be the poin of the opt-out if the people you are trying to control are dictating whether or not it applies?

Either way, just to be certain, write a letter to the agency from YourCo containing a phrase along the lines of

We hereby give notice, pursuant to regulation 32 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 ("the Regulations") that both MyCo and MyName now wish the Regulations to apply to any engagements through YourAgency

[VectraMan]

If your company and director has not opted out then you are automatically opted in...doesn't matter what the contract says.

Once you have started the contract you cannot opt out.

As I understand it, you can cancel the opt out at any point, so it probably follows that you can also opt out at any point (it's better for the agency so they've no reason to stop you).

I opted out with my first contract when I was with an umbrella. Then a year later I'm working for the same agency again, and they've counted my opt out from the first time round despite the fact I've now got my own Ltd. So that makes me wonder if I really am or not.

[Lowery]

I know, but the contract I signed opted me out and I want to send them a letter opting back in.

The agency actively discouraged me from removing the opt-out clause so I agreed to the contract, knowing that I can opt-in later...

If your company and director has not opted out then you are automatically opted in...doesn't matter what the contract says.

Once you have started the contract you cannot opt out.

[Flat Eric]

Your automatically opted in by default.

I know, but the contract I signed opted me out and I want to send them a letter opting back in.

The agency actively discouraged me from removing the opt-out clause so I agreed to the contract, knowing that I can opt-in later...

[Sockpuppet]

Your automatically opted in by default.

[Flat Eric]

Hi, I'm thinking of opting into the EB regs. What would I need to put in the letter to the agency.

Thx
M.