I'm bloody useless.

[OrangeHopper]

I have spent the lunch hour failing to find any relevant advice on the Agency Regulations.

I work direct to my client but the client insists on the use of an Agency to handle contract, pay etc.

Have recently received email from Agency saying I have not indicted whether I have opted in or out of the Agency Regulations.

I want to know whether the Regulations actually apply in the above situation.

If they insist, I will opt in on the basis I benefit but I'm really not convinced they are relevant. They wouldn't be if the Agency hadn't been involved as in the long distant past.

Any one got any helpful links?

[Not So Wise]

No a clue what would apply and for something like this really would consult a lawyer if i was you, not just for advice but also to draw up the contract between you and the agency for you.

As you are bringing both client and contractor (you) to the table you definatly don't want to sign a standard contract with them. An example of one of the most obvious cluase's that will need changeing is the "limitations on going direct" normally this is to prevent you going direct, in this case you need to prevent the agency going direct with another contractor.

Eidt: oh and in case i am misunderstanding and you already have sorted out contract and agency and have already started work they you are automaticlly "opt in" unless otherwise stated

[tim123]

I assume that you know the regs are here:

http://www.opsi.gov.uk/si/si2003/20033319.htm

And I guess that the agency will want to know what things they will be liable for in the event of the contract not being fullfilled (by one party or the other).

You obviously have to read it very carefully but you will find it contains things like:
"An employment business shall not, in respect of a work-seeker whom it supplies to a hirer..."

So this doesn't apply because they didn't supply you.

The agency will have to draw up a contract reflecting the fact that they are representing you (basically as a factoring agent) after the placement has happened. I am sure that this is easily possible, but they will have to spend some time (and perhaps some money) getting it right

HTH

tim

[The Late, Great JC]

I've just been to see a client (via an agency), got the contract, and have now been told by the agency that I have to provide references and a copy of my passport...

Errrrrrr, no! I will provide references to the client and a copy of any documentation they require. The agency is getting feck all apart from the details of my Umbrella Co.

[ASB]

I've just been to see a client (via an agency), got the contract, and have now been told by the agency that I have to provide references and a copy of my passport...

Errrrrrr, no! I will provide references to the client and a copy of any documentation they require. The agency is getting feck all apart from the details of my Umbrella Co.

Then just maybe you won't the role. They are rquired to ascertain that you are entitled to work in the UK. If it turns out you are not they get in all sorts of tulip.

Now, there is a reasonable argument to be put forward that this part doesn't apply to ltd's. Most agencys will err on the side of caution.

I've just used an agency for the first time in 17 years. It became fairly clear that without providing a photocopy of my passport (how do they know it's not my brothers?) negotiations were unlikely to complete.

[Not So Wise]

I've just been to see a client (via an agency), got the contract, and have now been told by the agency that I have to provide references and a copy of my passport...

Errrrrrr, no! I will provide references to the client and a copy of any documentation they require. The agency is getting feck all apart from the details of my Umbrella Co.

They have to ask for these as per the regulations or they are liable for not doing their due dilligance if it turns out you are an illegal or totally lied on your CV and have really spent the last 10 years being the bitch for the boys on cell block H instead of heading up the R&D for microsoft....hmm actually thinking about bad example as their is probably little difference between the two examples

[boredsenseless]

The latest directives from on-high state that a person employing another has to ascertain that they have the legal right to employ the individual.

The current fine is up to £10,000.

As the agency is processing your invoices they are the ones employing you or your limited company.

The end-client if you are billing direct can out-source this check to the agency if they wish and the agency is willing to shoulder the burden.

In the case of LTD company, they still have a right to see this, however they should really phrase it as - "We need to see documentation that you (the company) have in your possession to prove that the individual you intend to use is eligible to work in the UK"

Stop being so anti-agent - if you dislike them don't use them otherwise stop complaining when they are only doing their job

[The Late, Great JC]

The Umbrella Company has a copy of my driving license, passport, national insurance number and my bank details!

Btw, I'm British(English).

[Not So Wise]

The Umbrella Company has a copy of my driving license, passport, national insurance number and my bank details!

Btw, I'm British(English).

And?

Why should the agency depend on the umbrella?, some umbrellas do their some homework, some do not

boredsenseless is right, for once it is the agency doing their job and from what you say doing it properly by not asking for any of this till you have actually been offered the position (thus not hunting for sales leads from non existant postitions). They should be applauded

You really are bitching for just bitching sake here

[The Late, Great JC]

And?

Why should the agency depend on the umbrella?, some umbrellas do their some homework, some do not

boredsenseless is right, for once it is the agency doing their job and from what you say doing it properly by not asking for any of this till you have actually been offered the position (thus not hunting for sales leads from non existant postitions). They should be applauded

You really are bitching for just bitching sake here

OK, the company who's project I shall be working knows what skills are required and are in a better position to assess my suitability by checking out my references. The last thing I want is my reference sites to be pestered by an agent looking for leads.

I hope that makes it clearer.