Contractors

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Comments from contractors

Opting Out of The Conduct of Employment Agencies and Employment Businesses Regulations 2003

The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Regulations) govern the conduct of the private recruitment industry and establish a framework of minimum standards that clients, both work-seekers and hirers, are entitled to expect. They came into force in April 2004 and were subject to minor changes in October 2008.

The Regulations are designed to protect agency workers that are controlled by the client. However, skilled IT contractors would not consider themselves to be controlled by the client (which might be taken as an employment status indicator for IR35 purposes) and in addition they will be operating as a service company (umbrella company or their own limited company) rather than an individual worker.

Consequently many IT contractors opt out of these regulations by delivering a notice to that effect to the Employment Business (as described in section 32(9) of the regulations, and so for your convenience we have a sample letter (in .rtf format) that you may use to notify us that you wish to opt-out. Note that this notice must be issued BEFORE we introduce you to a prospective client.

The Department for Business, Innovation and Skills (or rather the Department for Trade and Industry as it was called in 2003 produced a guidance document for the regulations. This document has not been updated with the October 2008 changes but we don't believe that these would be of much interest to contractors.

Clear Fair Contracts

If you have checked our Job Opportunities page and we don't have anything suitable send in your CV anyway with a note of the location, type of work and rate that you are looking for and we'll contact you first should any suitable opportunities arise.Click here to register with us at info@peopleconnectors.co.uk

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