Denny has a point.
Mail the agent back and ask them to confirm in writing that you will not be under control of client. Also ask them to indemnify you against any IR35 proceedings on this basis as they are so sure.
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Previously on "Thoughts...?"
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Originally posted by Captain JackIf you feel strongly about it, report them to the DTI for implying that the option to opt out doesn't seem to have been presented in a very optional way.
Spoke to someone at Qdos yesterday about the implications of all of this because I too am being faced with this dilemma. The real problem, as I've said all along, is that contractors have no real clue how they will be expected to work on site once they take up the contract unless they've already discussed it with the client beforehand or because they anticipate that their new contract terms in practice will be similar to those already performed in similar roles in the past.
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Originally posted by superReceived this e-mail. Have masked names etc. Don't mind the IR35-friendly-ish contracts, but not so sure about the enforced opt-out of the Regs...
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Thoughts...?
Received this e-mail. Have masked names etc. Don't mind the IR35-friendly-ish contracts, but not so sure about the enforced opt-out of the Regs...
_________________________
Hello qpqpqpqpqpqpq
Thank you for registering with XXXXXXXXX. Your details will be entered onto our computer system and will be accessible by all of our offices to ensure that
we can provide you with the widest choice of opportunities.
We act as Employment Business for all contract vacancies and as an Employment Agency for all permanent vacancies.
If you are a Contractor considering using the services of XXXXXXXXX as an
Employment Business in the United Kingdom please read the following:
Where we are acting as an Employment Business we will be providing
subcontracting project work services and/or temporary assignments to:
· Limited Companies trading legitimately outside of the provisions of
IR35
· Limited Company contractors for whom the provisions of IR35 are
applicable
· contractors who are represented by third party organisations (e.g.
JSA or Giant)
XXXXXXXXX does not supply workers who fall under the direction and control of our customers. Therefore, the Conduct of Employment Agencies and Employment Businesses Regulations ('the Regs') do not apply to the services that we supply.
The detailed EAA regulations can be found at :
http://www.legislation.hmso.gov.uk/s...3/20033319.htm
with background information and guidance at:
http://www.dti.gov.uk/er/agency/regs-pl971.htm#agencies
There is now an obligation on Employment Agencies and Employment Businesses to obtain a declaration from the Contractor AND their Limited Company as to whether or not they require the protection of the Regs in their dealings with the Employment Agency or Employment Business. It is therefore vital that you confirm by return of email that you wish XXXXXXXXX to act on your behalf and that you wish to opt out of the Regs in order that you are not treated by the authorities as a worker under the control of the client for whom your company or any third party are providing contracted services.
Please reply with OPT OUT in the heading of your email with the following
declaration:
· "Both the Contractor (enter Limited Company name) and the work
seeker (enter worker name), wish to opt out of the Conduct Regulations."
Kind regards,
XXXXXXXXX
_________________________Tags: None
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