Agency asking addtional Questions before sending out contract - help?

[northernladuk]

Yeh. Q4 is a trick to get you to agree to opt out I reckon. Maybe the whole thing is just a trick to get you to say 'Yes I am a business' etc and tie it in with the old - you must be opted out then bollax.

Read the next 2 posts one below ticktocks........

[psychocandy]

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?

Yeh. Q4 is a trick to get you to agree to opt out I reckon. Maybe the whole thing is just a trick to get you to say 'Yes I am a business' etc and tie it in with the old - you must be opted out then bollax.

[Wanderer]

The 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.

The test for coming under the Agency Workers Regulations is effectively the same as the IR35 test so you could argue that not having LTD company contractors automatically exempt from the AWR is a good thing as it gives agencies and clients a real incentive to structure their engagements with contractors towards being a genuine B2B relationship rather than treating them as disguised employees....

[Ticktock]

Bugger, yes. My distrust of agencies leapt into overdrive before I thought about what I was commenting on...

[malvolio]

<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

The 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.

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.

[northernladuk]

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?

Well it's caught you. There is no opt out for AWR. The Opt out/in you are probably thinking of is the Conduct of Employemnt. Have a look at the thread at the top of this forum.

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.

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

[malvolio]

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?

Errm, opting out of the AWR is not an option, the only option you may have is to opt out of the ACR and by the sounds of it that option is probably sub-optimal...

HTH

[thelurker]

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.

Yes, it was this, not looking 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??

[Ticktock]

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?

[Goatfell]

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.

[northernladuk]

Can you guess what I'm gonna say here

A bunch of not rights who DGAS on a free public Contracting board call CUK?

[JamJarST]

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**

How on God's green earth do you think we can know the answer to this question?!?

2. Do you have control over financial accounts? **Please advise**

See my answer above

3. 3. Who are your external advisers (if any)? **Please advise**

Can you guess what I'm gonna say here

4. You are genuinely in business on your own account, and this assignment is outside the scope of the Agency Workers Regulations **Please advise**

No it's all a sham to avoid tax

Cheers

It's a pleasure

[churkus]

The answers you want are yes and no. HTH

[northernladuk]

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. HTH

[thelurker]

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**


Cheers