HELP!!! New to contracting, desperately need advice about the Opt-out form?

**mjshrimpton** · 20 July 2007, 15:21

Originally posted by Diamond786

Hi, I am completely new to contracting and the role I will be contracting in is not generally contracted. I will be working as a PA for a period of 3 months for an IT services company, however during interview stage they said they were looking for someone to go permanent later.

My agency have not shed any light on the opt-out form they are 'telling' me to sign, and cannot highlight when questionned any benefits.

I am due to start on Mon, and advised the agency that I did not wish to opt-out as I did not see any benefit, and said I would research further and come back to them.

I then got a call from the agency to say I 'could not' start unless I opted out. My understanding is that this is not legal for the agency to impose.

I am needing someone to break this down for me in lehmans terms and would REALLY REALLY appreciate any help.. This is driving me totally nuts, as I REALLY want this contract and am unsure of where I stand and what to do..

Thanks

If you have met the client you are opted in by default, unless you explicitly opted out prior to introduction, which I guess you did not, so they can say what they like.

**Cowboy Bob** · 20 July 2007, 15:23

Originally posted by Diamond786

I then got a call from the agency to say I 'could not' start unless I opted out. My understanding is that this is not legal for the agency to impose.

Not only is it illegal, you can't opt-out after you have been introduced to the client (ie, you've had an interview). You can sign the form all they like after you've met the client, it's not worth the paper it's printed on.

**Diamond786** · 20 July 2007, 15:43

Thanks

Hi MJ and Cowboy Bob, thank you SO much for your response. Out of interest, would it benefit me at all if I had opted out?

Thanks again.. Diamond

**mjshrimpton** · 20 July 2007, 16:04

Originally posted by Diamond786

Hi MJ and Cowboy Bob, thank you SO much for your response. Out of interest, would it benefit me at all if I had opted out?

Thanks again.. Diamond

Usually it allows you to press the agency for more IR35 friendly terms as it absolves them of the need to do a lot of regulatory checking.

I am paraphrasing though, and it is much more detailed and nuanced.

**Diamond786** · 20 July 2007, 16:06

Heeeelllpppp!!!

Originally posted by Cowboy Bob

Not only is it illegal, you can't opt-out after you have been introduced to the client (ie, you've had an interview). You can sign the form all they like after you've met the client, it's not worth the paper it's printed on.

Im really sorry to bother you, but I have just spoken to the agency who have said that it 'IS' possible to opt-out still.. they then directed me to my Umbrella company who are now saying that the only people who opt-in, are people who are vulnerable like europeans etc. She said that if I opted in, they would refuse to be my umbrella company and also said that it would mean that social workers etc would have to come and see me at work to make sure I wasnt being exploited etc?????????????? IM SO CONFUSED!!!

Can anyone shed some more light?? Im getting really desperate, and what should have been a great job is driving me insane...

**Diamond786** · 20 July 2007, 16:13

Hi MJ

Originally posted by mjshrimpton

Usually it allows you to press the agency for more IR35 friendly terms as it absolves them of the need to do a lot of regulatory checking.

I am paraphrasing though, and it is much more detailed and nuanced.

Can I ask you, if you were personally in my shoes.. Taking a PA role, hoping for a permanent contract at the end of it, not really fussed about contracting on an on-going basis due to the nature of the role, would you by choice opt-in, or opt-out?

**Old Greg** · 20 July 2007, 16:14

I don't have the expert knowledge nd you may find not many people are around at this time on a Friday. It's been discussed here loads before. You can try searching on this forum but 'opt' is too short a search string (or whatever) - try 'regulation'. Here's one link:

http://forums.contractoruk.com/threa...gulations.html

Good luck!

**malvolio** · 20 July 2007, 16:15

Originally posted by Diamond786

Im really sorry to bother you, but I have just spoken to the agency who have said that it 'IS' possible to opt-out still.. they then directed me to my Umbrella company who are now saying that the only people who opt-in, are people who are vulnerable like europeans etc. She said that if I opted in, they would refuse to be my umbrella company and also said that it would mean that social workers etc would have to come and see me at work to make sure I wasnt being exploited etc?????????????? IM SO CONFUSED!!!

Can anyone shed some more light?? Im getting really desperate, and what should have been a great job is driving me insane...

Time to name names. The regulations are quite clear, that you cannot opt out once you have been introduced to the company - which can mean either at the interview stage or, in the case of agency temps, as soon as you walk in the door on Day 1. Either way, it is a matter of supreme indifference to your umbrella company, it only affects the agency.

Furthermore, the opt out decision is yours alone to make, and work cannot be made conditional on your status. If they persist, phone the DTI and tell them what's going on. Personally I should walk away now, and don't deal with either one of the ever again, first having told your client why you won't be turning up, but I realise that may not be an option.

**Old Greg** · 20 July 2007, 16:18

Originally posted by malvolio

Time to name names. The regulations are quite clear, that you cannot opt out once you have been introduced to the company - which can mean either at the interview stage or, in the case of agency temps, as soon as you walk in the door on Day 1. Either way, it is a matter of supreme indifference to your umbrella company, it only affects the agency.

Furthermore, the opt out decision is yours alone to make, and work cannot be made conditional on your status. If they persist, phone the DTI and tell them what's going on. Personally I should walk away now, and don't deal with either one of the ever again, first having told your client why you won't be turning up, but I realise that may not be an option.

But if Diamond 786 signs it, it's meaningless?

HELP!!! New to contracting, desperately need advice about the Opt-out form?