Put Me Straight - Inside IR35 and Opt Out Clause

[Greenmantle]

Hi

Just received a new role within IR35. Therefore ready to go with an umbrella company etc.
But
Why has the agency sent me an Opt Out Clause to Sign
(Opt out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003)

Surely the two things are mutually exclusive. By the client signifying that the role is within IR35 then the B2B clauses within the 2003 regulations do not apply.

I can see this opt out clause being signed by the Umbrella Company but not me.

Thanks in advance.

[Murph7355]

Google is your friend.

Simple interpretation here : https://www.crunch.co.uk/knowledge/employment/the-...

[Greenmantle]

Murph7355 said:

Google is your friend.

Simple interpretation here : https://www.crunch.co.uk/knowledge/employment/the-...

As I thought so. Basically eroding the rights of those work seekers who are caught by IR35. Clients and Agents having their cake and eating it.

[Countdown]

Greenmantle said:

Murph7355 said:

Google is your friend.

Simple interpretation here : https://www.crunch.co.uk/knowledge/employment/the-...

As I thought so. Basically eroding the rights of those work seekers who are caught by IR35. Clients and Agents having their cake and eating it.

I can't see what this has to do with the "Client"? Surely it's the Agency trying to avoid their legal responsibilities....

[Greenmantle]

Countdown said:

Greenmantle said:

Murph7355 said:

Google is your friend.

Simple interpretation here : https://www.crunch.co.uk/knowledge/employment/the-...

As I thought so. Basically eroding the rights of those work seekers who are caught by IR35. Clients and Agents having their cake and eating it.

I can't see what this has to do with the "Client"? Surely it's the Agency trying to avoid their legal responsibilities....

If you read the article the Client can withhold "the salary" (I choose the word salary rather than invoice payment since this is within IR35) if the Opt Out Clause is signed by worker. If the Opt Out clause is not signed then the worker has to be paid within a few days. That's the law.

The long term relationship is with Client and Agent. I can just imagine lots of discussions taking place between Client and Agent to make this beneficial for both.

Utter sh*te!

[Eric Mc]

I can see many court cases looming.

[theboss]

Simply don't sign it. You can't be compelled to. They shouldn't be pushing the opt-out on you - you should have to specifically request it.

[Murph7355]

Eric Mc said:

I can see many court cases looming.

Indeed.

The IR35 st show will rumble on and on.

I particularly like that it's all or nothing.