Conduct regulations and an umbrella company

[SeanIT]

More a lurker than a poster... I am going start a contract role and will be going through Giant. Does it make a difference if I opt in or opt out of conduct regulations as I will be employed by Giant Umbrella? If there is a difference, which is best and why? Also what would the consultancy employing me have to do if I do have to opt in?

Nice one guys!

[sharky]

IF i was just starting now would be looking at starting as Ltd using one of the specialist contractor accountancy firms.
As one of the main selling points of Umbrellas was being able to claim tax relief on travel and subsistence expenses that's going end this April.

[OnceStonedRose]

IF i was just starting now would be looking at starting as Ltd using one of the specialist contractor accountancy firms.
As one of the main selling points of Umbrellas was being able to claim tax relief on travel and subsistence expenses that's going end this April.

This only the case for people operating inside IR35? Outside is all OK is it not?

[LisaContractorUmbrella]

This only the case for people operating inside IR35? Outside is all OK is it not?

Yes, if you're working practices put you outside IR35 then you're ok

[northernladuk]

This only the case for people operating inside IR35? Outside is all OK is it not?

But you are inside by default through a brolly.

[northernladuk]

To the OP. The regulations still apply around the agency if you are with an umbrella or not so yes you still need to consider which status you want to choose (if you get the choice). It's up to you which you go for, not for us to feed it you on a plate. Understand it and then make your choice.

Read the sticky on Opt in/out here to understand it or look it up on google...

http://forums.contractoruk.com/busin...-2003-act.html

[lucyclarityumbrella]

If the opt out is provided after “introduction or supply” [of the work-seeker] it is not valid anyway. So in simple terms if you have met the client already before starting the assignment, even if you sign the Opt Out, it is irrelevant as you will automatically be seen to be Opted In

[TheFaQQer]

If the opt out is provided after “introduction or supply” [of the work-seeker] it is not valid anyway. So in simple terms if you have met the client already before starting the assignment, even if you sign the Opt Out, it is irrelevant as you will automatically be seen to be Opted In

That's one way to consider the term "introduction". The other (as used by agencies) is "introduced into the workforce", ie. started work.

Without a reliable test case, this is still an argument that contractors and agencies will have,

[DallasDad]

Do not opt out read my post I placed in the sticky thread where I specifically quoted the Giant termination T&Cs (section 13).
In my case I doubt it could have applied to my first engagement as I had already been introduced but it is in my opinion a handcuff clause you could do without and probably would apply to subsequent engagements.

Take your time to read all the HR blurb on their portal once you log in, in your own time.
I got phoned up by my ESO who said he would wait on the line whilst I read through it all aka trying to rush me...

The opt out doc itself does not refer to the above T&Cs in section 13.1 at all (crafty that imho) instead it paints a misleading picture that opting out really only matter to certain types of employees it strikes me that Umbrellas and Agencies who each use a different carrot to get you to opt out are desperate to sucker people in to opting out any way they can so it can only be in their advantage to do so not yours.

But in saying all that Giants been ok to use as brolly for the purposes of Paye and until next month T&S they did not give me any grief or try to invoke said clause when I decided to go to Ltd.

My only gripe is I could never get their expenses portal to save a favourite journey to avoid having to re-enter it every week.

PS
Do not go down the route of trying to sign up for their in house (Curtis Banks) Pension unless you are happy to pay their pet IFA nearly 4% of everything you put in which could easily negate any investment returns in the current climate!

[DallasDad]

As said by another above
With hindsight I should have gone Ltd straight away it is nothing like as onerous to get set up as I thought. Gorilla have been very good.

Even just in the few weeks I have been contracting I have paid a heck of a lot of tax that via ltd I may or may not have ended up paying especially as I intend to put as much as I can into a Pension.