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Agency Pressure to Opt Out - how to handle?

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    #11
    Originally posted by Willy Win View Post
    So opting out would only be valid if done before interview stage with the client? Agency Senior now laying it on thick by asking me if I have taken legal advice on the implications of opting in for IR35.

    Apparently the agency has had to address some of the terms with their contract with the client's legal team again, who want to to know why I am opting in because it will likely affect the IR35 determination and change it to inside, as the contract falls past April. Not sure whether this is just the agency trying to throw their weight around.

    The simple reason I want to remain opted in is due to the not being restricted on working directly for the client. The constant back and forth with agency about this is causing a delay of nearly a week on my start date. They are "concerned" that the client will change the contract to inside and that I'll walk. Can I have the opt out terms amended to not include the restriction clause or am I better off just signing the opt out anyway seeing as it's not valid?
    So basically you want to remove the agency's profit asap for the work they did finding the role and then finding you to fill that role. I can see why they've worked out it's a hassle dealing with you...
    merely at clientco for the entertainment

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