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Employment Conduct Opt –out clauses and IR35

Employment Agencies using Employment Conduct Opt –out clauses and whether they affect IR35 status


The employment Conduct Regulations are written to ensure that employment agencies don’t refuse to hire  employment businesses or to treat them less fairly- e.g. in pay or conditions – because of their race or nationality, sex, sexual orientation, religion, beliefs or disability (noting that reasonable adjustments must be considered for disability).


The regulations define an employment business as a business that engages work-seekers under either contracts for services or contracts of employment and supplies those work-seekers to client hirers for temporary assignments or contracts where they will be under the hirers’ supervision or control


Therefore whether a conract service company signs or does not sign the opt-out clause will not

affect the IR35 position.