Opt out of Conduct of employment agencies 2003 act?

[Wanderer]

If you want to withdraw the opt out

You can withdraw the opt out at any time. The withdrawal will take affect immediately if you haven't started work in a position for the client. If you have already started working it only takes affect after you stop working in that position .

Agency Regulations Section 32(10) The person who is or would be supplied to carry out the work by a work-seeker which is a company, may withdraw a notice which was given in accordance with paragraph (9) by giving notice to the employment business or agency in question of the withdrawal of the earlier notice of agreement, and, subject to paragraph (11), paragraphs (1)-(8) shall thereupon apply.

Note that the consensus here is that the opt out under Section 32(9) must be done before the introduction for it to be valid. If you were already introduced to the client then the opt out may not be valid anyway and not worth losing sleep over. I get the impression that a lot of people opt out in what they see as as invalid way and let the agency continue along in cuckoo land thinking they have a valid opt out.

How to withdraw the opt out

Email them a letter (maybe followed up with a paper copy, recorded delivery if you are paranoid) saying:


Dear Agency,

I am writing to tell you that MyLTD is withdrawing the "opt out" of The Conduct of Employment Agencies and Employment Businesses Regulations 2003 as permitted under section 32(10) of the regulations.

Yours Faithfully

XXXXX
Director, MyLTD


I don't know how the agency would react to that letter though, you should take legal advice. The agency might decide to throw their toys out of the pram and cancel the contract. If they are a member of the REC, ARC or APSCo then you could complain to them if the agency makes a fuss as it's illegal for them to require that you opt out as a condition of doing business.

[zulu]

Wanderer

Many thanks for your words of advice, much appreciated

[psychocandy]

My contract didnt mention opt out at all. The agent just sent me a separate form to fill in (which I didnt).

Then again, they didnt ask me to opt out before I met the client anyway so I understand its too late if they only ask just before the contract actually starts?

Anyway, like I said, didnt send the opt out form back and never heard from them about it again.

[MiniMani]

I was asked to sign the opt out form - well not so much asked but sort of told to submit it along with other required info such as signing the contract, they sort of slipped it in as a "requirement" without actually saying it was one.

Luckily I found this forum, I submitted everything else except the form and they didn't say anything.

[BolshieBastard]

Hmmm. Maybe I shouldnt opt out in future!

So, to summarise, can someone explain the pros and cons of both opting in and opting out?

So when the pimp phones and asks am I looking for work and I say 'yes,' the next question will be 'do you opt out?'

If I answer no I opt in isnt the pimp going to say thanks but no thanks?

[SueEllen]

Hmmm. Maybe I shouldnt opt out in future!

So, to summarise, can someone explain the pros and cons of both opting in and opting out?

You have been on here long enough so please read the first post in the forum sticky for opt-in/opt-out

So when the pimp phones and asks am I looking for work and I say 'yes,' the next question will be 'do you opt out?'

If I answer no I opt in isnt the pimp going to say thanks but no thanks?

Most pimps don't mention it as it's too much hassle for them.

Plus even if you say "Yes" verbally you can later retract it before you sign the contract as the opt-out has to be a separate document in writing.

[psychocandy]

My contract didnt mention opt out at all. The agent just sent me a separate form to fill in (which I didnt).

Then again, they didnt ask me to opt out before I met the client anyway so I understand its too late if they only ask just before the contract actually starts?

Anyway, like I said, didnt send the opt out form back and never heard from them about it again.

Until today when pimp phoned me to see how things were going. Mentioned that his accounts department had mentioned that I must have 'forgotten' to send in the opt out form. Nice try.

I did point out nicely that I was aware that it was optional and that i hadnt forgotten. I did offer to email them to confirm that I was not opting out if he so desired.

[mrdonuts]

what happens if you opt out after the contract starts, presumably that would be null and void and you would still be opted in

[psychocandy]

what happens if you opt out after the contract starts, presumably that would be null and void and you would still be opted in

Yeh. But you want to be opted in which is what you are by default -if you dont opt out.

[Wanderer]

what happens if you opt out after the contract starts, presumably that would be null and void and you would still be opted in

The opt out must be done "before the introduction or supply", in your scenario you would be both introduced and supplied by the agency so there is absolutely no way for you to opt out.

It might make the agency feel better if you did sign an opt out later but it's worthless under law. That won't stop them trying to use the (invalid) opt out against you in the event of a dispute, it's incredible how they conveniently fail to understand the law when it suits them to do so and I really can't accept that they don't understand the law.