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pscont
20th March 2017, 09:15
What are your opinions on that?
Role is out of IR35, should one opt out or stay in the Conduct of Employment Agencies and Employment Businesses Regulations 2003?
Either way, why?

malvolio
20th March 2017, 09:17
What are your opinions on that?
Role is out of IR35, should one opt out or stay in the Conduct of Employment Agencies and Employment Businesses Regulations 2003?
Either way, why?
Been done to death. Stay in and ignore it. Even if you want to opt out, 95% of agencies will get it wrong and you'll be in anyway.

pscont
20th March 2017, 09:19
Been done to death. Stay in and ignore it. Even if you want to opt out, 95% of agencies will get it wrong and you'll be in anyway.

I know it's been done. That's why the question is in IR35 aspect.
How can an agency get it wrong when they ask you do you opt out, you say yes, and then this is a clause in the contract?

WTFH
20th March 2017, 09:27
IR35 is not the same as the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Two different things

northernladuk
20th March 2017, 09:29
You know we've got a sticky on this don't you?

http://forums.contractoruk.com/business-contracts/66965-opt-out-conduct-employment-agencies-2003-act.html

malvolio
20th March 2017, 10:17
I know it's been done. That's why the question is in IR35 aspect.
How can an agency get it wrong when they ask you do you opt out, you say yes, and then this is a clause in the contract?
The agency aren't getting anything wrong, they are protecting their own interests and not yours. It saves them a lot of money and risk if you are opted out so they will do all they can to persuade you to do so. It has zero impact on IR355 unless - and only unless - you can barter you opting out with some major changes in your contract to safeguard your IR35 position. And even then you can be undone by the agency/client contract and other factors like the new PS rules.