First contract: opting in or opting out from Employment Agencies Act

[MmarcoM]

Hi all
i just got my first contract for a big bank.
Agency asked me to choose to opt in or opt out from Employment Agencies Act....
i have done some quick research and it seems that opting out is better if you want to work outside IR35

Is that true?
What do IT contractor choose normally? opting in or out?
kind regards
marco

[stek]

Hi all
i just got my first contract for a big bank.
Agency asked me to choose to opt in or opt out from Employment Agencies Act....
i have done some quick research and it seems that opting out is better if you want to work outside IR35

Is that true?
What do IT contractor choose normally? opting in or out?
kind regards
marco

Opt in but the agent will make you jump through hoops to disuade you since it protects you and exposes him.

[northernladuk]

Go look in the professional forums. There is a very long sticked thread all about opt in/out.

Gotta do a bit better than this.

[barrydidit]

Just opt out of IR35 and then you needn't worry

[northernladuk]

Just opt out of IR35 and then you needn't worry

Don't be silly. It's AWR you need to opt out of.

[barrydidit]

Don't be silly. It's AWR you need to opt out of.

It's so confusing. If only there was a sticky in the professional forums and a grumpy northern chunt to direct people there...

[northernladuk]

It's so confusing. If only there was a sticky in the professional forums and a grumpy northern chunt to direct people there...

Wouldn't that be useful!

[Paddy]

Just opt out of IR35 and then you needn't worry

I would not recommend that because then the agent won’t supply a company car. He would only receive Luncheon Vouchers

[Mordac]

Hi all
i just got my first contract for a big bank.
Agency asked me to choose to opt in or opt out from Employment Agencies Act....
i have done some quick research and it seems that opting out is better if you want to work outside IR35

Is that true?
What do IT contractor choose normally? opting in or out?
kind regards
marco

If the client is a "big bank" the chances of you actually being outside IR35 probably just fell through a big hole in the floor. Opting out tends to be the default position, but as the most learned on here will always tell you, any advice you get for free is not worth the paper it's not written on. Good luck though.

[Qdos Contractor]

If a contractor does not opt out of the Conduct regulations this could have a knock-on effect form an IR35 perspective. Opting in to the regulations suggests that the contractor is working under the control of the end client which would be deemed as a pointer towards employment. Additionally opting in guarantees payment from the agency even if the agency aren’t paid by their client. A contractor should have an element of financial risk as this is a helpful pointer towards being in business.

From an IR35 perspective opting out of the Conduct Regulations is a much more consistent approach for those running their own business, but ultimately ‘opting in or out’ is unlikely to determine your IR35 status in isolation.

Jon