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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47388
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a freelancer. I am self employed working part time fora

Resolved Question:

I am a freelancer. I am self employed working part time fora headhunter. The headhunter's PA has her own business and introduced him to me when a recruitment project arose.
I pay my own ni and tax . I don't get benefits as I am self employed.
The PA has changed her business to a limited company. She has requested that her team must sign an opt out clause because of this regulation which is advantageous to her business. She has said if I don't sign in I won't be able to work under her team anymore and it is likely the headhunter will follow suit (despite being extremely impressed with my work to date):
Conduct of Employment Agencies & Employment Businesses Regulations 2004 .
The information on the internet is so convoluted on the above regulation. Please can you explain what the advantages and disadvantages are for me signing this opt out contract.
I feel as if I'm being pressured into something that is irrelevant to me.
I do 21 hours per week and that's it as far as the work via her is concerned.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Can I have a response please
Expert:  Ben Jones replied 1 year ago.
Hello have they said that you will basically be prevented from working for them if you do not sign this? Please note that due to the time I will be going offline shortly so may not be able to reply until tomorrow, thanks
Customer: replied 1 year ago.
I already work for this PA's business as a freelancer.
Customer: replied 1 year ago.
She works for a headhunter as his PA. I work for him as a consultant. I work on a self employed basis
Customer: replied 1 year ago.
It seems there are many advantages for her. What are the disadvantages for me opting out?
Customer: replied 1 year ago.
I've been working via her for about a year. However, for this client about 1 month now and 3 months in the summer. She has only just informed us about this regulation. She says if I don't sign it she will have to make me an employee and she doesn't want the expense. So reluctantly she would see me go if I don't sign it asap
Customer: replied 1 year ago.
Hi there
Can I have a response?
I realise I have been asked to do this because the PA doesn't want the financial responsibilities/liabilities . In some respects in terms of her controlling approach she is behaving like an employer when it suits her . However, I am keen to know if this will have any negative implications for me.
Customer: replied 1 year ago.
I have paid a lot of money for this service. I would appreciate a response to this.
Expert:  Ben Jones replied 1 year ago.
Hello, thanks for your patience. As promised I am responding today although being the weekend we are not on here all day unfortunately. Going back to your query, the Regulations basically provide a framework of minimum standards that govern the conduct of employment agencies and businesses. If you opt out then any specific rights and protection you may get under them would not apply. The main things that would affect you are:· You may experience delays in payment – the employer could decide to wait to be paid by the end user before they pay you. They can also refuse to pay you I they have not received a signed timesheet. Usually these do not matter much because the employer and contractor have a good business relationship and operate on trust so they would not rely on this exclusion but it can be used if necessary. So it would depend on the actual employer and their track record of payment – for most it would not be an issue but if you do not trust them and think this may cause a problem then consider it in more detail.· Your dealings with the end user could be restricted by the employer for longer. If you do not opt out, the maximum period during which you could be restricted from working directly with the end user after termination is 14-18 weeks. If you opt out this limit does not apply and you could be restricted for longer, for example up to a year.· There could be tax implication in terms of IR35 because you are less under control by the employer, however that is generally seen as a positive thing by contractors as it means they are less likely to be deemed employees. One important thing to note is that you cannot be forced to opt out. You cannot have your work with the employer made conditional on you opting out. They can ask you to consider it but you cannot be forced and such a request would be unlawful. Employers would often prefer an opted out contractor because it means less admin but that cannot dictate whether they offer work or withdraw work and the final decision rests with you, remembering that your working relationship should not be affected whatever route you decide to take. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
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