Sign it if you want the contract and it keeps them happy. They've got no chance of enforcing it in my opinion. You'll probably never need to use the regs in any case. Try to get them (in a subtle underhand manner) to get them to write to you about these conditions because phone calls aren't worth the paper they're written on.
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To my mind, if you turn up on Monday without signing the opt-out then you are by default opted-in. If the agency and umbrella are in cahoots then you can threaten to use a different one (umbrella).
The EB regulations were put there to protect temps from this sort of behaivor and it is wrong for the agency to pressure you in this way.
One of the key point of the EB regs is that they cannot withhold payment for work done, regardless of whether they get paid. This would mean that they cannot refuse to pay you unless you use their brolly.
The othe main point is that by not opting out they cannot restrict you subsequently working direct for the client (after about 8 weeks) so by putting pressure on you to sign the form they are protecting their investment. Again this (IMO) is what the regs are to protect you from.
I would sign the contract (assuming there's nothing conditional in it) and turn up on Monday without signing the opt out form.
First thing to do now is to name and shame the agency so that others can beware.
Second is to get youself to the nearest watering hole and start celebrating.
HTHComment
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Depends on exactly what "introduced to the client" means, there is some debate on that and the regs themselves are not explicit (but then they're so badly written even the opt out is not clear!)
Anyway I've dropped Diamond768 a PM, siggesting a route which might help things along...Blog? What blog...?
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Diamond - if you're just looking to do go contracting short term via the umbrella and hoping that it'll turn into a permanent gig I wouldn't worry about it.Originally posted by Diamond786
The opt-in/opt-out thing probably won't affect you too much and as people have pointed out already, there's a strong chance that even if you do sign the opt-out forms it doesn't count legally as you've already met the client.
If you kick up a fuss there's a chance they could ditch you and pick someone else (as AntiChrist said).
If I were you, I'd sign the contract and turn up on Monday. Try and avoid signing the opt-out form, but if they really kick up a stink, just sign it.
And most importantly, stop worrying about it and get down the pub to celebrate!Comment
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A note for ALL of you who have helped, im gonna just go along on Mon with my fingers and toes crossed and hope for the best.. If its meant to work out, it will.. A little faith I guess...Originally posted by minstrel
But YES!! Im getting ready... and I hope you ALL have an AB FAB weekend
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A helpful thread to a newbie asking advice? I feel dirty....
(Congrats to OP on the gig though)
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No, a classic case of someone asking for real advice on a focused subject, as opposed to the more usual "Hi, I'm going contracting, what do I need to do?".Originally posted by Epiphone
Any bets how long before we get the next of those?Blog? What blog...?Comment
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It'll be Monday.Originally posted by malvolio"See, you think I give a tulip. Wrong. In fact, while you talk, I'm thinking; How can I give less of a tulip? That's why I look interested."Comment
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Erm, nope... Saturday...Originally posted by Moscow Mule
http://forums.contractoruk.com/thread19504.htmlBlog? What blog...?Comment
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:sighOriginally posted by malvolio"See, you think I give a tulip. Wrong. In fact, while you talk, I'm thinking; How can I give less of a tulip? That's why I look interested."Comment
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