Reply to: Experienced contractor and 'opting out'

[Wanderer]

Cut and paste from the actual email telling me to reply:

· You will be opting in to IR35

Plonkers.

Ignore them.

[northernladuk]

Cut and paste from the actual email telling me to reply:

· You will be opting in to IR35

Being an experienced contractor you will know exactly how to deal with this then

[NigelJK]

Cut and paste from the actual email telling me to reply:

· You will be opting in to IR35

[LisaContractorUmbrella]

Apparently I have to send an email stating that my company are happy to 'opt in to IR35'. I've sent an email stating clearly that we are not opting out. Waiting to see the response.

you have got to be kidding me

[jmo21]

My last renewal was for a public sector body that was merging with others.

So my extension essentially became a new contract with a new company.

The agent phoned up saying "sorry, we'll have to get you to fill in all the stuff again"... I didn't mind that much until it came to the opt out.

So when I questioned it "I've already met them, on site for ages" etc, he started waffling about opting out of IR35 blah blah, and I had a go at him, accused him of either not knowing anything about it or down right lying to get me to sign it.

He took the massive hump, and I thought I'd maybe gone too far. He said, "ok I'll speak to my manager and see what he says".

I didn't hear from again til the contract dropped in my inbox with no mention of opt out forms.

[ThomserveBAS]

It's clearly in the agents interest to have us opt out so they use IR35 as a bit of a scare tactic, those that don't know any better (i.e. me > 12 months ago) would easily be scared into opting out if we were led to believe being opted-in was to the detriment of our companies.

Still makes me mad that they are being so devious (and also breaking the law IIRC?)

[SueEllen]

FFS - it's nothing to do with IR35. If it were that simple, I'd choose to opt out or IR35 too.

The fact that the agency don't even know what you are meant to be opting into is worrying.

I had an agent from a different agency phone me up asking me if "I wished to opt-out of the conduct regulations".

I asked the guy on the phone what these where and he explained that they were for IR35. I then asked him which exact law it was and he said IR35.

He then sent an pre-filled email with the line "I agree to opt-out of the conduct regulations".

Idiot.

[malvolio]

Apparently I have to send an email stating that my company are happy to 'opt in to IR35'. I've sent an email stating clearly that we are not opting out. Waiting to see the response.

OK, now I'm concerned. The Opt out and IR35 have absolutely nothing to do with each other. End of.

Is this a Public Sectori gg and you're being stitched up by the Alexander review insisting that you prove you're paying the right amount of tax (whatever that means), or are you talking about opting out of the Agency Regulations (you can't opt in, you're in by default unless - and only unless - you and YourCo both declare you are opting out before the client knows who you are).

[TheFaQQer]

Apparently I have to send an email stating that my company are happy to 'opt in to IR35'. I've sent an email stating clearly that we are not opting out. Waiting to see the response.

FFS - it's nothing to do with IR35. If it were that simple, I'd choose to opt out or IR35 too.

The fact that the agency don't even know what you are meant to be opting into is worrying.

[NigelJK]

Apparently I have to send an email stating that my company are happy to 'opt in to IR35'. I've sent an email stating clearly that we are not opting out. Waiting to see the response.

[northernladuk]

I had a hell of a time with Rullion when I started contracting last year - I'd done a fair bit of research about opting in/out and knew what I wanted to do but hit the brick wall with Rullion so ended up opting out - only later did I realise the significance of making that decision after being introduced to the client

Both myself and Bolshie have had exactly the same problems with the same group. They blame the clients not wanting opt in contractors in case there is some fall out re tax/NI should our employment status be questions. Don't ask me why as it isn't hard to spot the flaw in this argument but it is their way and they were not going to budge. Didn't come to a final resolution for me as I dropped the gig before we got to the bottom.

[ThomserveBAS]

Be aware that if you insisting in opting in, some agencies such as Rullion (Manchester) will not touch you.

I had a hell of a time with Rullion when I started contracting last year - I'd done a fair bit of research about opting in/out and knew what I wanted to do but hit the brick wall with Rullion so ended up opting out - only later did I realise the significance of making that decision after being introduced to the client

[TheFaQQer]

2. Restraint of trade

Most agencies put an unenforceable one in. If you get your contract reviewed if they put an unenforceable one your reviewer will help get them to modify it.

That way the situation you were in with the 2 years won't happen (or it will be when you threaten the agency yourself with court action they will back down.)

Generally, the problem lies with the client-agency contract rather than the agency-contractor contract.

[NigelJK]

It wasn't the 2 months that worried me, it was that it was over xmas with no chance as no ones hires over that period usually. I could pick and choose my contracts at the time, and if I'd known this was going to bite me then I would have gone elsewhere.

[NigelJK]

Thanks for the quick replies (and quick posting mods - I was a member ages ago but had to re-register).

Just noticed and read the sticky - thanks for pointing it out
I'm currently getting the 'we've never had an opt in' line ATM, and not seen the 'contract'. I will be telling them that I'm NOT opting out.
I contracted for over 20 years previously and opting out never really effected me either way until that very unhappy xmas. I'm surprised after all this time they still try and pull the wool over peoples eyes.