Originally posted by Andy Hallett
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Agency wont pay my invoice because end customer has not paid them
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Down with racism. Long live miscegenation! -
Originally posted by Andy Hallett View PostThe wording of the regulation is, from memory, “before introduction or supply”
Eg you can have introduction without supply.Originally posted by NotAllThere View PostI've asked my sister-in-law who's a contract lawyer. Certainly Egos doesn't agree with your interpretation (or safecollections). http://www.egos.co.uk/FAQ/20040930_E...troduction.pdfLast edited by eek; 18 September 2020, 14:53.merely at clientco for the entertainmentComment
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Originally posted by mjcp View PostThese rules were supposed to be for Agency workers, where you might be on the books of an agency and they call you each morning, telling you where to go an work. In which case, you would be opted out before supply (as there is no introduction / interview).
M'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by northernladuk View PostNice. Which is why they even less valid for us. I've not seen these provide any help to us today. Complete waste of time.merely at clientco for the entertainmentComment
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Well my sister in law's opinion is that if either introduction or supply happen before the opt-out, it's invalid. She says that yes, it's not all that well phrased, but that's the straightforward interpretation.
But beware. She's working for a contractor where the agency aren't paying ( for other reasons). The sum involved is just over 10k. The agency decided to contest, lost and have now appealed. Costs to her client so far are about what he's claiming. The agency are apparently planning to go insolvent to avoid having to pay.
Don't know all the details, but you always must balance the cost against the benefit. Don't focus to much on 'winning'. The goal should be to maximise returnDown with racism. Long live miscegenation!Comment
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Originally posted by NotAllThere View PostWell my sister in law's opinion is that if either introduction or supply happen before the opt-out, it's invalid. She says that yes, it's not all phrased, but that's the straightforward interpretation.
But beware. She's working for a contractor where the agency aren't paying ( for other reasons). The sum involved is just over 10k. The agency decided to contest, lost and have now appealed. Costs to her client so far are about what he's claiming. The agency are apparently planning to go insolvent to avoid having to pay.
Don't know all the details, but you always must balance the cost against the benefit. Don't focus to much on 'winning'. The goal should be to maximise return'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by NotAllThere View PostI've asked my sister-in-law who's a contract lawyer. Certainly Egos doesn't agree with your interpretation (or safecollections). http://www.egos.co.uk/FAQ/20040930_E...troduction.pdfComment
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Originally posted by Andy Hallett View PostI’ve been to court numerous times and we relied on the opt opt before supply after introduction. It is the judges that matter.Down with racism. Long live miscegenation!Comment
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Originally posted by NotAllThere View PostGot a precedent you'd like to cite?
Especially as once the £00,000 did appear the agency would give in to avoid said precedent being set.merely at clientco for the entertainmentComment
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Don’t get me wrong. Most opt outs are ineffective, but most hirers and legal firms didn’t understand the legislation as well as me / us.Comment
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