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Opt in on contract renewal when you've orginally opted out?

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    #11
    if you're not under the control of the client then you're simply not covered by the employment agency conduct regulations regardless of whether you have opted out or not. You need to consider whether that is the case,

    If you are controlled by the client, then it is indeed a viable option.

    My own view on this is as a contractor is that I am a business who doesn't need to be protected as a temporary employee and I would rely on the contract.
    Last edited by Contractor UK; 12 October 2018, 21:28.
    I'm alright Jack

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      #12
      Originally posted by BlasterBates View Post
      if you're not under the control of the client then you're simply not covered by the employment agency conduct regulations regardless of whether you have opted out or not. You need to consider whether that is the case,

      If you are controlled by the client, then it is indeed a viable option.

      My own view on this is as a contractor is that I am a business who doesn't need to be protected as a temporary employee and I would rely on the contract.
      But what is the definition of controlled?
      Last edited by Contractor UK; 12 October 2018, 21:28.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #13
        Originally posted by northernladuk View Post
        But what is the definition of controlled?
        This is a good point, basically if your manager tells you how to do your job, but yes it is subjective.

        If this isn't clarified by the agency or the client then you have a poor legal basis for expecting protection. You would need written confirmation from the agency or client. If it ended up in a dispute with the agency they could simply argue that you weren't controlled by the client.
        Last edited by BlasterBates; 15 August 2017, 16:01.
        I'm alright Jack

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          #14
          Originally posted by BlasterBates View Post
          This is a good point, basically if your manager tells you how to do your job, but yes it is subjective.

          If this isn't clarified by the agency or the client then you have a poor legal basis for expecting protection. You would need written confirmation from the agency or client. If it ended up in a dispute with the agency they could simply argue that you weren't controlled by the client.
          And if that's the case you've more about than your opt in/out status id guess.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

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            #15
            Originally posted by northernladuk View Post
            And if that's the case you've more about than your opt in/out status id guess.
            Ahh but when are specialists under D&C?
            "You’re just a bad memory who doesn’t know when to go away" JR

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              #16
              Originally posted by SueEllen View Post
              Ahh but when are specialists under D&C?
              When they are so good at what they do the client tries to leverage it by asking them to look at other stuff.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

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