Originally posted by psychocandy
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Previously on "Agency asking addtional Questions before sending out contract - help?"
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Last edited by northernladuk; 3 December 2012, 16:31.
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Originally posted by Ticktock View PostIs question 4 a trick? Hoping you'll answer "yes" to saying you're in business on your own account, and not realise that they're asking you to opt-out of AWR at the same time?
Alternatively, if you answer "no", as you don't want to Opt Out, are you then saying that you're NOT in business on your own account?
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Originally posted by malvolio View PostThe understanding was that Ltd Co contractors would be clearly out of scope. When the regs were pubished, they mysteriously included the "genuinely IBOYA" qualification. So the original clarity was replaced in a fog of mis-direction.
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Bugger, yes. My distrust of agencies leapt into overdrive before I thought about what I was commenting on...
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Originally posted by northernladuk View Post<snip>
There is the following comment on the PCG website..
Agency Workers Regulations | PCG
but there is a lot of discussion about it which I don't quite understand but I do know it applies or doesn't. There is no opt in/out
DBERR as was did assure PCG that Ltd Cos were out of scope, but that won't hold up until it's tested. So you can probably assume you are outside, but don't bet the house on it.
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Originally posted by Ticktock View PostIs question 4 a trick? Hoping you'll answer "yes" to saying you're in business on your own account, and not realise that they're asking you to opt-out of AWR at the same time?
Alternatively, if you answer "no", as you don't want to Opt Out, are you then saying that you're NOT in business on your own account?
There is the following comment on the PCG website..
Agency Workers Regulations | PCG
Freelancers who are genuinely in business on their own account are out of scope of the Agency Workers Regulations, and this means that most limited company contractors will also be out of scope.
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Originally posted by Ticktock View PostIs question 4 a trick? Hoping you'll answer "yes" to saying you're in business on your own account, and not realise that they're asking you to opt-out of AWR at the same time?
Alternatively, if you answer "no", as you don't want to Opt Out, are you then saying that you're NOT in business on your own account?
HTH
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Originally posted by Goatfell View PostI must admit on first reading the question I thought the OP was asking fir advice on how to respond i.e. telling the agency to do one as it's none of their business, not asking for actual answers.
Not been asked this by agencies previously so wondered if I should respond at all or has anyone been asked something similar.
Thanks
**Edit** I had asked the agency not to opt out me out of AWR regs, so wondering if the questions relate to this??
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Is question 4 a trick? Hoping you'll answer "yes" to saying you're in business on your own account, and not realise that they're asking you to opt-out of AWR at the same time?
Alternatively, if you answer "no", as you don't want to Opt Out, are you then saying that you're NOT in business on your own account?
Leave a comment:
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I must admit on first reading the question I thought the OP was asking fir advice on how to respond i.e. telling the agency to do one as it's none of their business, not asking for actual answers.
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Originally posted by JamJarST View PostCan you guess what I'm gonna say here
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Originally posted by thelurker View PostNot been asked this information by agency before, can anyone advise, is this now standard practice and how should I respond
As you are making use of your own Limited Company, please confirm:
1. Are you sole director/part director with controlling influence in the company? **Please advise**
2. Do you have control over financial accounts? **Please advise**
3. 3. Who are your external advisers (if any)? **Please advise**4. You are genuinely in business on your own account, and this assignment is outside the scope of the Agency Workers Regulations **Please advise**
Cheers
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Come on fella, seriously? If you can't answer these questions you shouldn't be running a LTD and need to go Umbrella.
EDIT. Sorry that wasn't very helpful was it. The answers you want are yes and no. HTHLast edited by northernladuk; 3 December 2012, 14:06.
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Agency asking addtional Questions before sending out contract - help?
Not been asked this information by agency before, can anyone advise, is this now standard practice and how should I respond
As you are making use of your own Limited Company, please confirm:
1. Are you sole director/part director with controlling influence in the company? **Please advise**
2. Do you have control over financial accounts? **Please advise**
3. 3. Who are your external advisers (if any)? **Please advise**
4. You are genuinely in business on your own account, and this assignment is outside the scope of the Agency Workers Regulations **Please advise**
CheersTags: None
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