Apologies for reposting this issue. I noticed a poster who I think may be well qualified on this issue !?
I have been at a client for 14 months ( four 3 month renewals ) ( ie. started pre new employment regs ) with a renewal coming up. My initial contract made no mention of opt in/out and I didn't sign anything saying I would opt out. I was sent an email when the new regs came out asking me to opt out, I ignored it. When my renewal came it had a 'Opt Out' box ticked, after a bit of fluffing around I just signed the renewal, mainly due to laziness. When the next renewal came I tried to say I wanted an Opt In contract but the agency basically avoided the issue or waffled and wouldn't change it, I signed it and have signed similar contracts since. I was led to understand by the client that they would take out a 'Extended Period of Hire' of 3 months on me and thus get rid of the agent but they have backed out of this and just want to continue as we've been going on. The client is very local to me and at the end of this engagement I don't want to be tied to a 12 month exclusion clause as I think there will be bits of work here and there and I don't the hastle of dealing with an agent in the middle looking after their interests and not mine. If I can force the agency to acknowledge I'm not legally opted out and thus issue an opt in contract when I renew I'll get rid of the 12 month exclusion clause. Any opinions on how I stand legally ? What happens if the agency just refuse to issue the opt in contract ?
I have been at a client for 14 months ( four 3 month renewals ) ( ie. started pre new employment regs ) with a renewal coming up. My initial contract made no mention of opt in/out and I didn't sign anything saying I would opt out. I was sent an email when the new regs came out asking me to opt out, I ignored it. When my renewal came it had a 'Opt Out' box ticked, after a bit of fluffing around I just signed the renewal, mainly due to laziness. When the next renewal came I tried to say I wanted an Opt In contract but the agency basically avoided the issue or waffled and wouldn't change it, I signed it and have signed similar contracts since. I was led to understand by the client that they would take out a 'Extended Period of Hire' of 3 months on me and thus get rid of the agent but they have backed out of this and just want to continue as we've been going on. The client is very local to me and at the end of this engagement I don't want to be tied to a 12 month exclusion clause as I think there will be bits of work here and there and I don't the hastle of dealing with an agent in the middle looking after their interests and not mine. If I can force the agency to acknowledge I'm not legally opted out and thus issue an opt in contract when I renew I'll get rid of the 12 month exclusion clause. Any opinions on how I stand legally ? What happens if the agency just refuse to issue the opt in contract ?
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