Can an agency force me to "opt out"?

[Ardesco]

IANAL but isn't that prima facie evidence of breaking the law? I presume that the authorities would be eager to do something about that....

Not really because the legislation says they cannot refuse you a role if you refuse to opt out. It doesn't say anything about the T&C of the contracts having to be the same weather you are opted in or opted out.

They are still offering you the role so technically speaking they are within the law, they are going totally against the spirit of the legislation though because the condition stating that you should not be refused the role was an attempt to stop agents forcing you to opt out. IR35 just gave the agencies a way to try and force your hand, well done nu liemore.....

[Bluebird]

Hays IT

The clause in the Hay IT contract says:

The company [ thats me ] shall give notice to the EB [ thats hays ] of any agreement reached between the company and the relevant consultant [ both me ] pursuant to the Conduct of EB regs 2003.

Does that mean that if I opt-out I only do so with myself ?

[tim123]

The clause in the Hay IT contract says:

The company [ thats me ] shall give notice to the EB [ thats hays ] of any agreement reached between the company and the relevant consultant [ both me ] pursuant to the Conduct of EB regs 2003.

Does that mean that if I opt-out I only do so with myself ?

No, it means that both of you tell Hays that you have done so.

(I think)

tim