Please draft your own Opt In Contract! Please draft your own Opt In Contract!
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    Default Please draft your own Opt In Contract!

    Hi all,
    I recently landed a gig and have been supplied with a contract prior to being asked if I wanted to opt in / out of the 2003 Agency Conduct Regs. Having read the advice on this forum I have always opted In for all of my engagements. I have told the agency I want to Opt In and am used to being sent a different contract version (of course the default one I get first is the Opt out version). This time I have stated I want to Opt In after being offered and asked for the Opt In contract version. They have replied they don't have one and for me to redraft their Opt Out version!

    This raises some important points -

    1. I have not been formally asked if I want to Opt In / Out. Usually I am used to getting a form to complete specifically stating which option I am taking. Without this where do I stand?
    2. I don't have 2 versions of a contract (Opt In / Out) for the same agency so cannot do a document comparison. I could take language from a previous Opt In contract version and redraft the Opt Out version I have been supplied accordingly but not sure which specific sections to pick. other than the payment section regarding the Agents requirement to pay for legitimate work regardless of timesheets. What are the key sections?
    3. Given I have been given the opportunity to just redraft the contract (without formally opting In / Out) am I not just better off cherry picking the clauses that are typically considered to be disadvantages of Opting Out, redrafting those and leaving those considered as advantages to the Contractor of Opting Out? If so which ones?


    Thank you in advance for any advice to the experts on this that can provide.
    Last edited by Contractoid; 10th March 2018 at 13:06.

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    Quote Originally Posted by Contractoid View Post
    Hi all,
    I recently landed a gig and have been supplied with a contract prior to being asked if I wanted to opt in / out of the 2003 Agency Conduct Regs. Having read the advice on this forum I have always opted In for all of my engagements. I have told the agency I want to Opt In and am used to being sent a different contract version (of course the default one I get first is the Opt out version). This time I have stated I want to Opt In after being offered and asked for the Opt In contract version. They have replied they don't have one and for me to redraft their Opt Out version!

    This raises some important points -

    1. I have not been formally asked if I want to Opt In / Out. Usually I am used to getting a form to complete specifically stating which option I am taking. Without this where do I stand?
    2. I don't have 2 versions of a contract (Opt In / Out) for the same agency so cannot do a document comparison. I could take language from a previous Opt In contract version and redraft the Opt Out version I have been supplied accordingly but not sure which specific sections to pick. other than the payment section regarding the Agents requirement to pay for legitimate work regardless of timesheets. What are the key sections?
    3. Given I have been given the opportunity to just redraft the contract (without formally opting In / Out) am I not just better off cherry picking the clauses that are typically considered to be disadvantages of Opting In and leaving those considered as advantages of Opting Out? If so which ones?


    Thank you in advance for any advice to the experts on this that can provide.
    If you are an IPSE member, get their standard contract and send it to the agency as your standard contract.
    Where there's muck there's brass.

  3. #3

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    Quote Originally Posted by northernladyuk View Post
    If you are an IPSE member, get their standard contract and send it to the agency as your standard contract.
    I am not currently a member but have heard of them. Would you recommend joining?

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    Quote Originally Posted by Contractoid View Post
    I am not currently a member but have heard of them. Would you recommend joining?
    Yes.
    Blog? What blog...?

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    My understanding is that there is no ‘opt-in’. The regulation stands unless you opt-out.
    See You Next Tuesday

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    Quote Originally Posted by Contractoid View Post
    I am not currently a member but have heard of them. Would you recommend joining?
    If you are operating outside of IR35, then definitely. If not, then it's a bit more nuanced of a decision.
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    Quote Originally Posted by northernladyuk View Post
    If you are operating outside of IR35, then definitely. If not, then it's a bit more nuanced of a decision.
    They are about a hell of a lot more than IR35...
    Blog? What blog...?

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    Quote Originally Posted by malvolio View Post
    They are about a hell of a lot more than IR35...
    I know.
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    Quote Originally Posted by northernladyuk View Post
    If you are an IPSE member, get their standard contract and send it to the agency as your standard contract.
    I start a week on Monday and they may not accept a completely new contract structure with this timeframe. I'd rather send them a mark-up which deals with the key clauses. I see IPSE offer a contract review service but its a 5 working day turnaround You can pay extra for 24 hours service, does anyone know how much this is?

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