Old Agency Stopping me From Work - Post Termination Clause

[SueEllen]

lol - so am i bound to their 6 mth clause?

You can still phone the employment agency people at the BIS anyway and ask them if you can opt-out as an employee of an umbrella. Mainly because the regulations are as clear as mud and they are the people who enforce them so they would know.

If you are bound by it then you only lose the cost of a phone call as you are still working so you haven't made a financial loss.

If you aren't bound by it then it's up to you what you do next.

[TheFaQQer]

The wording of the opt out is that it requires that "a work-seeker is a company". I'm not convinced that working through an umbrella makes a work seeker "a company" and allows the umbrella worker to opt out.

The PCG thinks that you can opt out through an umbrella. You could have a read of the Conduct Regulations and see what you think.

I'd suggest that the people who negotiated the opt out would have a better view of whether you can or can't opt out when going via an umbrella.

FWIW, I think that you CAN opt out as an employee of an umbrella, but the OP almost certainly didn't opt out in writing before being introduced to the client.

[Wanderer]

I'd suggest that the people who negotiated the opt out would have a better view of whether you can or can't opt out when going via an umbrella.

Yes, it's a compelling argument indeed though the PCG are somewhat biased on this matter.

I think SueEllen has a good suggestion about contacting BIS, I would be interested to see what their take on it is.