Conduct Regulations 2003: opt in/opt out?

[dwater]

I've read :

<http://www.contractoruk.com/successf...duct_regs.html>

but the response, while illuminating, doesn't really help me decide.

What do most people do?

[missinggreenfields]

Don't opt out.

[eek]

Don't opt out.

+1. The opt out is one of those ideas which might have been bright but is utterly abused by agencies.

[dwater]

+1. The opt out is one of those ideas which might have been bright but is utterly abused by agencies.

I've since found this which seems to concur with both of you.

So be it.

Thanks.

[ShandyDrinker]

For those choosing to opt in, would you walk away from the contract if the agency insisted you opt out?

[gables]

Usually it's a moot point as you'll be automatically opted-in by way of the engagement process despite what the agent might think and what you sign.

[missinggreenfields]

For those choosing to opt in, would you walk away from the contract if the agency insisted you opt out?

It's never come to that, but I have told the agency I would walk away and spoke to the client about why there was no contract in place. Shortly after that discussion, I became the first contractor ever to not opt out of a contract with that particular agency

[ShandyDrinker]

It's never come to that, but I have told the agency I would walk away and spoke to the client about why there was no contract in place. Shortly after that discussion, I became the first contractor ever to not opt out of a contract with that particular agency

Interesting. From experience and anecdotal evidence I think the vast majority opt out because the agencies expect them to.

That's a similar situation to one I experienced with contracts at a major city based IB with IR35 with the vast majority working under contracts via a certain agency which would fail an IR35 contract review.

[MrMarkyMark]

Interesting. From experience and anecdotal evidence I think the vast majority opt out because the agencies expect them to.

That's a similar situation to one I experienced with contracts at a major city based IB with IR35 with the vast majority working under contracts via a certain agency which would fail an IR35 contract review.

Yes, because most won't fight them to get the contract corrected.
I recently had a delayed start, of a few days because of this, but simply told them there would be no way I would go onsite without my changes.

Copying two senior people helped, both who thanked me for keeping them informed.
"We like to have visibility of the cr@p they get up to" I was told when I arrived.

Monday, I was told their legal department wouldn't change anything.............by Friday the contract came through exactly how I wanted it

You have to know how to go head to head with them though and illustrate that you actually know the law.

[TheCyclingProgrammer]

Shortly after that discussion, I became the first contractor ever to not opt out of a contract with that particular agency

Or at least that's what they told you...

I've only done two jobs through an agency in the last 8 years and one of those was only due to not being on my client's PSL...I still remember the discussions about not opting out. Cue confused agent... "Oh, really, nobody's ever wanted to stay opted in before?". Ended up with a friendly call from one of their higher up bods trying to convince me how much better it would be for my IR35 status if I opted out and a load of other bollocks. I can't remember what I did in the end...