Agency Automatically Opting Me Out

**Pondlife** · 24 October 2006, 11:53

Originally posted by Lowery

they are automatically opted me out of the agency regulations. This is after the interview and the contract being offered. Isn't this illegal?!

Once you've been introduced to the client you cannot subsequently opt-out.

Could the agency consider me agreeing to the position as a signed contract? Even though I made it conditional on me seeing the offical terms and conditions?

Did you make it conditional on you 'seeing' or 'agreeing to' the T & C? Either way it's your word against theirs that you actually did agree to anything if you haven't signed it.

**Lowery** · 24 October 2006, 12:02

I have signed a letter agreeing to the rate, and that I accept the role (a basic 1 pager).....but I have not seen the hard copy contract? I have only seen a draft of their "standard" terms and conditions...which is where I picked up that they have opted me out. The "offical" hard copy contract is coming in the next few days.

Does the fact that they have acted illegally (with the opt out) void anything that has happened so far?

**malvolio** · 24 October 2006, 12:27

They can't opt you out, this is illegal - only you and your company can do it. You also can't opt out once you've been introduced to the client. Name and shame - I suspect a letter to ATSCo or REC, whichever is appropriate, will be in order...

**Lowery** · 24 October 2006, 12:37

Sorry to repeat but does this void anything I have signed so far?

**malvolio** · 24 October 2006, 12:45

No - but you are opted in for the duration. However, you might like to get expert opinion on how valid a contract is going to be if it includes an illegal requirement.

Pro tem, what you have signed constitutes all of the contract and you can start work on those terms. I'd be minded to delay signing the full one until you know where you stand.

**Mordac** · 24 October 2006, 12:45

You are only opted out if you have written to (or emailed) the agency specifically requesting or agreeing to opt out. If there's nothing in writing, you're opted in, regardless of what it might say in your contract. There's nothing to worry about, opting out is normally a neutral factor in IR35 terms anyway (according to many of the experts).

**Ardesco** · 24 October 2006, 19:36

Just sign it and then write them a letter opting in.

You can opt in at any point and once you have advised them that you are opting in there is nothing they can do about it anyway and you will have written evidence should it go anywhere.

I find that a much easier route

**xpuser8334** · 25 October 2006, 11:36

Sorry for jumping in - But.

Something similar has happened to me today.
I was offered a field engineer role, with a company van...
I got a telephone interview yesterday for the role, and at the end of the interview, I was told, company van, fuel card, Mobile Phone and PDA were included as well. 40hrs a week for peanuts. everything would go through the agency Coxxxxxx Peopxx.

The Agency rang back within 5 minutes of the phone interview congratulating me on getting the job.
Being setup as a VAT Reg. and LTD reg. company, I thought I would play it safe, and ask the agency for a copy of the contract, so I could take this to my accountants to make a report stating IN or OUT of IR35.

Today..

The agency rang me, stating the contract WOULD be OUTSIDE IR35 and "DO YOU ACCEPT IT" - i didn't have a contract to accept, I stated that I would accept if all was well with the report from my accountants, and could they forward it onto me.
"I NEED TO KNOW BEFORE NOON TODAY" at 11:40am nothing like it is there!!

I asked if the contract would be with me before NOON and the answer was NO!

I stated at this point that I would NOT accept a contract I have NOT seen.
So... I am still without another contract - for now!!
AND NO DOUBT this agency will OPT ME OUT!!!

Was I wrong?
Is this Illegal - getting someone to agree to a contract witout seeing one?
What would have happend if i accepted, only to be bum raped by IR 35?

I do Appreciate your suggestions, and I apologise if this causes the thread to be HI-Jacked, but i thought it was along the same line of thought!

**Ardesco** · 25 October 2006, 11:44

You are in the right, they are loosing money by not getting a contract accross to you. Best bet would be to phone the end client and say you are happy to accept the job in principle but the agency won't let you see a copy of the contract they are excepting you to agree to and would they prefer it if you went direct

Agency Automatically Opting Me Out