Opt-In after Opt-Out?

[Fresh Air]

Hi All,

Maybe a stupid question, but can I Opt-In to the the Agency Regs 2003 after I have already signed an opt-out for with an Agency?

Are there any time restrictions? i.e. Opt-out Friday (obviously taking into account any notice period set out in the Opt-Out Notice) start a new extension contract Monday Opted-In?

If I am able to Opt-In can this be used to escape a restricitive covenant clause in an Agency contract?

Thanks In Advance

[Gravy Train]

Hi All,

Maybe a stupid question, but can I Opt-In to the the Agency Regs 2003 after I have already signed an opt-out for with an Agency?

Are there any time restrictions? i.e. Opt-out Friday (obviously taking into account any notice period set out in the Opt-Out Notice) start a new extension contract Monday Opted-In?

If I am able to Opt-In can this be used to escape a restricitive covenant clause in an Agency contract?

Thanks In Advance

Would also be interested in this if anyone knows?

[northernladuk]

Not stupid question. Just not a very well researched one.

Try

opt in site:forums.contractoruk.com

or

opt site:forums.contractoruk.com

or something similar. Each brings back around 200 results for you to browse at your leisure.

[malvolio]

Would also be interested in this if anyone knows?

If you opted out, you can opt in at any point up to starting work. This is because you will need a different contract to reflect the change which is tricky if you've started and therefore accepted the last one on the table.

Otherwise you have to wait for renewal when you can change status in either direction (again, subject to contract agreement).

[Not So Wise]

Before fussing if you can opt in after opting out you might want to check if you are really legally opted out anyway.

Vast majority of contractors who signed opt out papers are still really opted in because agency asked them to opt out after the introduction (interview), when it is too late to legally opt out.

[Gravy Train]

If you opted out, you can opt in at any point up to starting work. This is because you will need a different contract to reflect the change which is tricky if you've started and therefore accepted the last one on the table.

Otherwise you have to wait for renewal when you can change status in either direction (again, subject to contract agreement).

Thanks.

I'm pretty sure i opted out but i signed the contract (and dated) on the day i commenced work rather than the day i was introduced. Does this negate the opt-in/opt-out clause?

Either way, i don't really want to upset the agency who are known to be very good and would like to work through them in the future. Added to this, i was effectively pinched by my current agency from another one as the other agency had prepped me on an upcoming job but failed to mention the company name which kind of scuppered them a bit as they were then unable to put me forward.

I suppose i'm going to have to speak to the agent direct. Further info is that i will be ceasing to work for the current client for approx 8 weeks and will be returning to do a maternity cover rather than working on the project (which i worked on for 3 months rather than 1) so they have done pretty well out of me already - it was also my first assignement with them too.

[Boo]

Does this negate the opt-in/opt-out clause?

No. This has been done to death on a million threads in a million places but see here for example.

The "introduction" mentioned in the regs means "introduced into the workforce", the other (interview) meaning is nonsense promulgated by the PCG to defend their ridiculous stance on the regs quite generally, as well as their stupidity in negotiating the opt out.

Boo

[Boo]

If you opted out, you can opt in at any point up to starting work.

If you have opted out you can opt out at any point up to starting work. This is because the agent will put someone else in instead if you don't.

If you have opted in then you can opt out at any point up to starting work. This is because the agent will put someone else in instead if you don't.

If you have opted out you cannot opt in at any point up to starting work. This is because the agent will put someone else in instead if you do.

If you have opted in you cannot opt in at any point up to starting work. This is because the agent will put someone else in instead if you do.

You hold all the cards, Gravy Train, you know what you have to do...



Boo

[malvolio]

All of which is wrong, but I'm not going to waste any more time arguing about it.

[northernladuk]

All of which is wrong, but I'm not going to waste any more time arguing about it.

WHS. It doesn't even make sense to me