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Agency Opt-out

THE CONDUCT OF EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESS REGULATIONS 2003 OPT OUT.

By proceeding with this online application you are agreeing to opt out of the regulations for all assignments that you undertake through Consort Consultancy Services Limited, we will inform your recruitment company.

Should you wish to withdraw this notice please advise us in writing to the address supplied.

Please take this as confirmation of my giving notice to opt out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 for all assignments that I undertake through Consort Consultancy Services Limited.

IMPORTANT INFORMATION

The Conduct of Employment Agencies and Employment Businesses Regulations 2003 came into force on 6 April 2004 and relates to all limited company workers.

As an individual who should be able to demonstrate that they are legitimately in business on their own account, in order to remain outside of IR35, we ask that you give due consideration to whether you wish to work within these regulations or use the 'opt out' option (if available) for each contract that you undertake.

Opt out is available to you unless you work with children under the age of 18, or those who are infirm and need attention. If you do carry out work in either of these instances, you can continue to work as normal and can ignore this element of the form.

If you have the choice to opt out and do not use this option for each contract you undertake, it is possible that HM Revenue and Customs may take this as meaning that you require the protection of such regulations and therefore that you are not genuinely in business on you own account. This could have implications on your IR35 status.

Summary of the Conduct of Employment Agencies and Employment Businesses Regulations 2003

These regulations make provision to secure the proper conduct of employment agencies and employment businesses and to protect the interests of persons using their services.

  • The main provisions introduced by the 2003 Conduct Regulations are that: there are limitations on the terms in contracts between employment businesses and hirers that prevent temporary workers from taking up permanent jobs with the hirer, or a company to which the hirer has introduced them, or being supplied by a different employment business, unless a fee is paid to the first employment business;
  • Employment businesses are prohibited from withholding wages due to a temporary worker purely because the worker cannot produce an authenticated timesheet;
  • Agencies and employment businesses are required to confirm the identity of the work-seekers and that they have the experience, training and qualifications that the hirer expects for that position;
  • There is an ongoing obligation on agencies and employment businesses to inform the hirer when they receive information about a worker, which indicates that the worker might be unsuitable for the position;

Agencies and employment businesses also have to obtain information on any health and safety risks known to the hirer and the steps taken to prevent or control those risks;

  • Agencies and employment businesses have to obtain references on work-seekers who are to work with vulnerable persons;
  • Agencies seeking to find work for actors, models and other entertainers are no longer allowed to charge an up front fee before they find work for those work-seekers;
  • Subject to their opting out, the scope of the Regulations have been extended to cover work-seekers who contract their services through their own limited company;

It is no longer a requirement for:

  • Agencies and employment businesses to disclose their status on business stationery;
  • Agencies and employment businesses to provide the Department with their current terms of business;
  • Agencies to ascertain if young persons have received vocational guidance before they find them work;
  • Agencies and employment businesses to obtain written statements from the services of a lawyer on the list of the British Consul before supplying or hiring a work-seeker to an overseas employer or to use the services of an overseas agent.