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Does Regulations 2003 apply if I had not opted out?

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    Does Regulations 2003 apply if I had not opted out?

    Hi
    long time lurker, but now I am having a serious problem and need advice.
    I had recently had a very bad experience with a contract. This happened just as I had decided to go out of umbrella and into Ltd, which in retrospect was maybe not the brightest idea.

    I had a contract with an agency, and while the contract was made under my Ltd, I have not at any point opted our of the Regulations 2003. The contract I have signed with them however contains a couple of points that are in contradiction with the regulations, but no implicit opt out was agreed on and signed.

    So, if I haven't opted out, am I still covered by Regulations 2003?

    #2
    Your answer can be found here I am sure.

    http://forums.contractoruk.com/busin...-2003-act.html
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      Originally posted by northernladuk View Post
      Your answer can be found here I am sure.

      http://forums.contractoruk.com/busin...-2003-act.html
      Thank you for this. The contract I was in was a very bad one, not only it took 10 days to start which was a waste of my time but the company was quite a huge mess.
      The agency claims that since I ended the contract early due to a death in the family that forced me to leave on short notice, I actually owe them money for the loss of fee they would have incurred on my contract.

      I have gone through my contract with them and at no point does it say that signing it implied I had opted out, so I am assuming that I am still under the Regulations' protection.

      Comment


        #4
        Originally posted by lorakeen View Post
        Thank you for this. The contract I was in was a very bad one, not only it took 10 days to start which was a waste of my time but the company was quite a huge mess.
        The agency claims that since I ended the contract early due to a death in the family that forced me to leave on short notice, I actually owe them money for the loss of fee they would have incurred on my contract.
        Is there any thing in your contract that alludes to this? You need to clarify this as well as using the opt-out.

        Oh and next time there is a family death tell them you are taking x weeks off starting immediately rather than give notice. Lots of agencies will then bin you. If they then try and say you owe them money, you can have a field day if you are telling the truth.
        Last edited by SueEllen; 23 June 2017, 11:47.
        "You’re just a bad memory who doesn’t know when to go away" JR

        Comment


          #5
          Originally posted by SueEllen View Post
          Is there any thing in your contract that alludes to this? You need to clarify this as well as using the opt-out.
          I am being told that I am in breach of the following:

          6.2. Employment Business shall not pay any fees to Contractor (a) unless an invoice has been properly submitted by Contractor in accordance with clause 6.1 above and (b) unless and until Client has authorised or signed the relevant time recording process and (c) the hours claimed are true and accurate.

          13.2. Where Contractor or Representative is in breach of this Agreement which results in Client terminating the agreement between Employment Business and Client or terminating the Assignment, Contractor agrees, without prejudice to any other remedy of Employment Business, to indemnify Employment Business for any loss of Employment Business’s fee that would have been charged to Client relating to the remaining period of the Assignment.

          However this is in direct opposition to Regulation 12. As I have not opted out, it would appear that this does not apply to me.

          Comment


            #6
            Originally posted by lorakeen View Post
            I am being told that I am in breach of the following:

            6.2. Employment Business shall not pay any fees to Contractor (a) unless an invoice has been properly submitted by Contractor in accordance with clause 6.1 above and (b) unless and until Client has authorised or signed the relevant time recording process and (c) the hours claimed are true and accurate.

            13.2. Where Contractor or Representative is in breach of this Agreement which results in Client terminating the agreement between Employment Business and Client or terminating the Assignment, Contractor agrees, without prejudice to any other remedy of Employment Business, to indemnify Employment Business for any loss of Employment Business’s fee that would have been charged to Client relating to the remaining period of the Assignment.

            However this is in direct opposition to Regulation 12. As I have not opted out, it would appear that this does not apply to me.
            Regulation 12 being this

            Prohibition on employment businesses withholding payment to work-seekers on certain grounds

            12. An employment business shall not, in respect of a work-seeker whom it supplies to a hirer, withhold or threaten to withhold from the work-seeker (whether by means of the inclusion of a term in a contract with the work-seeker or otherwise) the whole or any part of any payment in respect of any work done by the work-seeker on any of the following grounds—

            (a)non-receipt of payment from the hirer in respect of the supply of any service provided by the employment business to the hirer;
            (b)the work-seeker’s failure to produce documentary evidence authenticated by the hirer of the fact that the work-seeker has worked during a particular period of time, provided that this provision shall not prevent the employment business from satisfying itself by other means that the work-seeker worked for the particular period in question;
            (c)the work-seeker not having worked during any period other than that to which the payment relates; or
            (d)any matter within the control of the employment business.

            Comment


              #7
              Originally posted by SueEllen View Post
              Is there any thing in your contract that alludes to this? You need to clarify this as well as using the opt-out.

              Oh and next time there is a family death tell them you are taking x weeks off starting immediately rather than give notice. Lots of agencies will then bin you. If they then try and say you owe them money, you can have a field day if you are telling the truth.
              They have also harassed me while I was dealing with the whole thing- there's nothing quite as pleasant as being constantly bothered by phone when you're trying to read autopsy reports and funeral arrangements.

              Comment


                #8
                I'm not seeing how the regs would be a factor here. You are in breach of contract (from what I can see) for terminating the contract early against the terms of the contract. If that is the case then yes the agency can sue you for lost commission.

                What do you think the regs are protecting you from?

                FWIW they won't sue you. It's just not worth the time and effort. They'll try bully you into paying but they won't take it legal. Just keep putting them off and it's most likely going to go away.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #9
                  Originally posted by northernladuk View Post
                  I'm not seeing how the regs would be a factor here. You are in breach of contract (from what I can see) for terminating the contract early against the terms of the contract. If that is the case then yes the agency can sue you for lost commission.

                  What do you think the regs are protecting you from?

                  FWIW they won't sue you. It's just not worth the time and effort. They'll try bully you into paying but they won't take it legal. Just keep putting them off and it's most likely going to go away.
                  I have just asked me to pay me for the last 2 days, and they are refusing because I do not have a signed timesheet. I was on site, and I have a right to expect to be paid under the regulations. (I guess I didn't express myself clearly earlier).

                  They can choose to sue me for missing out on their fee, but they have dragged me along for 10 days waiting for this contract to be signed and caused me to miss out on better opportunities, only to get there and find out the position was not what I was told it would be. I can prove they have acted in bad faith on this matter.


                  According to my advisor, if they sue me I can return the favor and sue them for causing me loss of income- their dragging on and deceit costed me a significantly better opportunity.

                  Comment


                    #10
                    Originally posted by lorakeen View Post
                    I have just asked me to pay me for the last 2 days, and they are refusing because I do not have a signed timesheet. I was on site, and I have a right to expect to be paid under the regulations. (I guess I didn't express myself clearly earlier).

                    They can choose to sue me for missing out on their fee, but they have dragged me along for 10 days waiting for this contract to be signed and caused me to miss out on better opportunities, only to get there and find out the position was not what I was told it would be. I can prove they have acted in bad faith on this matter.


                    According to my advisor, if they sue me I can return the favor and sue them for causing me loss of income- their dragging on and deceit costed me a significantly better opportunity.
                    Nope - you should have walked out immediately if the role was unacceptable.

                    Also it isn't rare for some roles to have delayed starts of 2-4 weeks due to paperwork being signed.
                    "You’re just a bad memory who doesn’t know when to go away" JR

                    Comment

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