My own boss

All this messing about from the “umbrella” company and pressure to give up my rights under the “Conduct regulations” started me thinking. I had shied away from the idea of starting my own company because I thought it would be too much hassle. However, since I don’t want to pay someone else to produce my invoices and I’m quite capable of a bit of book keeping the "starting my own company" option suddenly seemed a lot easier. In any case, a regular, local job with the (part-time) hours I want isn’t going to turn up, so bidding for work to fit how and when I want to work seems to be a better option.

On the verge of deciding whether or not to start my own company, I attended a day organised by Business Link. This was free, with advice on tax, accounts, websites and marketing. It also gave me the opportunity to “network”. It demonstrated that apparently there is such a thing as a free lunch - quite a good one at that.

However, no one, but no one, not even the representatives from Her Majesties Revenue and Customs, had heard of the Conduct regulations of 2003.

What a job!

Now that’s a job I wouldn’t turn down. The article in the November HSW ‘A day in gangland’ made compulsive reading. I couldn’t decide whether I’d rather be the investigative reporter chasing the story or the GLA enforcement officers dealing with gangmasters on a daily basis. Perhaps given the reporter had to get up at 4am, whilst the GLA officers enjoyed an overnight stay at a country hotel, the enforcement role would be preferable.

I had another interview last week, and have been invited back for the second round. It's progress, but I can’t imagine it will be as exciting as rooting out modern day slavery. I probably won’t need the stab vest either.

Improper Conduct

Tearing my hair out this week. With the tantalising prospect that I may get a few days paid work at some stage in the future if everything works out I started looking into the problem of how to get paid. The employment agency suggested I approach an umbrella company. I had an initial conversation with a sensible sounding representative of an umbrella, and forwarded his details to my agency. The agency sent me a contract to sign. This contract asked me to opt out of the Conduct Regulations 2003. Clearly, I’m not opting out of legislation without understanding what it means. So I looked up the text of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (SI 3319) as well as the DTI guidance on the subject. My reading of the regulations and guidance was that the regulation was put in place to protect us job seekers from unscrupulous practice – things like making you pay the employment agency to produce your CV, or asking for other fees to cover their costs. It didn’t sound to me that I would want to opt out. So I rang the umbrella. The previous sensible rep was not available. The person I spoke to admitted they didn’t have a clue. So I phoned the agency. They confirmed that of course, they could not and would not insist on my opting out, but they were sure the umbrella would want me to do so, and besides, opting out of the regulations would save me tax.

I looked again at the regulations. I searched hard for the word ‘tax’. ‘No matches found’ reported my browser. So I phoned the umbrella again. Clueless rep answers the phone. I asked if she could pass me through to someone who had a clue. His explanation of the Conduct Regs was that they would prevent me working too many hours, and I’d probably want to work more hours so I should opt out. I suggested this might possibly be the working time regulations? (1998, SI 1833). No, no. It was definitely the conduct regulations I needed to opt out of in order to work 100 hours a week. Despairing, I suggested we were not getting anywhere and terminated the call.

When you are told something you know is not true, it makes you very suspicious about the other stuff you are not certain about. I wonder how many people are persuaded to opt out of hard fought for legislation put in place to protect us? Has anyone been asked to opt out of their rights under the Health and Safety at Work Act? Right now I feel like applying for a job stacking shelves at the local supermarket.