Opt In/Out again !!!!!!!

[rootsnall]

Just got a new contract 2 miles from home and when asked to confirm in an email I was opted out I replied no infact I was happy staying opted in. As expected agent rang 5 mins later and said did I realise that meant I had to go on the client payroll . Told them that was incorrect, next I was put onto the contract person who said did I realise they would have to then contact client and inform them I was liable for holiday pay etc etc I asked for a copy of the contract to be emailed, still waiting.

Am I correct that the client does not need to know a thing and the opt in/out is purely between me and the agency ? But saying that if I opt in then it must effect the client to agency contract.

I'll probably back down as I start tomorrow and it's too good a location to start a battle and risk even the slightest chance of messing things up.

Sort of confirms what I thought that opting in is not really an option if the agents won't play ball.

[Orangutan]

Presumably you had already been introduced to the client before you were given the "choice" to opt-in/out.

I thought you had to opt out before introduction stage (aka interview) otherwise you were automatically opted-in.

Happy to be contradicted.

[SueEllen]

I thought you had to opt out before introduction stage (aka interview) otherwise you were automatically opted-in.

Your correct.

If the OP doesn't opt out "properly" then they are opted in anyway.

The PCG explains how you are suppose to opt out.

[rootsnall]

Presumably you had already been introduced to the client before you were given the "choice" to opt-in/out.

I thought you had to opt out before introduction stage (aka interview) otherwise you were automatically opted-in.

Happy to be contradicted.

That is the theory but it is hazy enough to allow the agents to wriggle around that. I'll bet 90% of opt out contracts weren't given the choice before introduction. If I'm dealing with a repeat client agent I just opt out to avoid the aggro. This is a new agency to me so I thought I'd see what happened if I didn't follow the script.

ps. if I sign the opt out paperwork that will come with the contract then it'll be hard to say I was opted in a future legal dispute !

[miffy]

<snip> I'll bet 90% of opt out contracts weren't given the choice before introduction. If I'm dealing with a repeat client agent I just opt out to avoid the aggro. This is a new agency to me so I thought I'd see what happened if I didn't follow the script.

You're probably right. I doubt most of the agents even know the difference. They're just commission based maniacs.

Well done on getting a contract so close to home anyway. You must be pleased with that. One of my friends has just landed something within walking distance of his house. Lucky git.

[rootsnall]

You're probably right. I doubt most of the agents even know the difference. They're just commission based maniacs.

Well done on getting a contract so close to home anyway. You must be pleased with that. One of my friends has just landed something within walking distance of his house. Lucky git.

Ta. That's why I'll back down in an hour or so, they don't want me on site without a faxed signed contract. The big opt in plus is I'll be able to cut the agent out for repeat business and will be being a very good model worker with that aim in mind.

I didn't think there could possibly be a job that close, I think it is actually a greater distance once I'm inside the industrial estate gates than it is between my front door and the gates.

[Turion]

There seems to be some kind of obsession with this 'opted in' lark. The legislation was meant to protect £6/hr clerks on the agency payrole. It is not for Ltd co business to try to exploit. It will not work for us and makes you look like little employees who need protecting by the nanny state.

Anyone using law this should automatically be considered agency employees. Thankfully that is what seems to be happening, given the robust response by this agency. Good for them.

[rootsnall]

There seems to be some kind of obsession with this 'opted in' lark. The legislation was meant to protect £6/hr clerks on the agency payrole. It is not for Ltd co business to try to exploit. It will not work for us and makes you look like little employees who need protecting by the nanny state.

Anyone using law this should automatically be considered agency employees. Thankfully that is what seems to be happening, given the robust response by this agency. Good for them.

Yes I am trying to 'use the law', it is in my interest to do so, or should I say it is in my Ltd Co's interest. I'm a real business you know !

[TheFaQQer]

There seems to be some kind of obsession with this 'opted in' lark. The legislation was meant to protect £6/hr clerks on the agency payrole. It is not for Ltd co business to try to exploit. It will not work for us and makes you look like little employees who need protecting by the nanny state.

Anyone using law this should automatically be considered agency employees. Thankfully that is what seems to be happening, given the robust response by this agency. Good for them.

What a bizarre argument. The law is there for a purpose of protecting those that deal with Employment Businesses, but you can opt out of the regulations if you (and your employer) do so.

As a director of my company, I have the obligation to do what is best for the company. Sometimes, this involves opting in and sometimes it involves opting out. This in no way changes the way that my business is run - it is run to maximise the profit for the shareholders.

What this thread shows is that yet again, EBs don't understand the concept of when you can opt out of the regulations, don't understand what it means to be opted in, and are prepared to lie and cheat to force people who want to use the law (as they are entitled to!) to work their way.

At the risk of sounding like denny, your thinking is more akin with agencyuk than contractoruk - let's all do things to make the job of an EB even easier to do.

[TheFaQQer]

ps. if I sign the opt out paperwork that will come with the contract then it'll be hard to say I was opted in a future legal dispute !

If you can prove that you were introduced to the client before you signed the opt out notice, then you would win the argument.

Might be worth making sure you keep the emails / communications from the EB that indicate when you were introduced to the client, and when you were asked to opt out, just in case.