First job, first contract, a bit confused...

[Taurig]

Hang on, they removed the handcuff section altogether? Lock stock and barrel? Could be a win that one then but very surprising. Don't worry about it.

Yeah, that's it as far as I can see. I did have a thought that as I have opted out, that any clauses they can enforce due to my opting out would supercede the lack of handcuff section in my contract? To be honest, I am knackered after two days of this, I'll deal with any fallout on Monday.

[Wanderer]

Hang on, they removed the handcuff section altogether? Lock stock and barrel? Could be a win that one then but very surprising. Don't worry about it.

Could be a win, unless the agency have the same clause in their agreement with the client and they will seek to enforce it against the client instead of the contractor.

So another agency rides rough shod over the law. This opt out was a massive own goal by the PCG and they seem to be in la la land with regards to the abuse of it.

[SueEllen]

Yeah, that's it as far as I can see. I did have a thought that as I have opted out, that any clauses they can enforce due to my opting out would supercede the lack of handcuff section in my contract? To be honest, I am knackered after two days of this, I'll deal with any fallout on Monday.

I had 4 weeks of it on one contract.

That's why I always tell people they must talk to the client before the agency.

If you don't know what to say to the client so you don't sound like an idiot then this board is a good resource.

[mudskipper]

I didn't expect it to lead to a heated discussion!

Noob error

Good luck with the gig.

[tractor]

...

Just a quick update, phoned the agency to tell them I have been advised by an employment solicitor not to sign an agreement that a) has me down as a limited company rather than under an umbrella company and b) is opted out. Funnily enough, the agency were quick to move on this and I got passed through to the legal team. The guy there said that opting out has already been agreed with the client, all the contractors they send there are opt out, and they will need to phone them as the client may not be happy about it. I've told them to go ahead, but am wondering if I am doing the right thing? I don't see how me opting in has any substantial effect on the client? Are they trying to call my bluff or am I barking up the wrong tree?

Most of the arguments have already been done to death and as usual, there are two camps of opposite opinion. Neither is right (yet) because the matter has not actually been tested at court.

However, the bit I have emboldened is important as I don't believe that your opted status has any impact whatsoever on the client, indeed it is completely neutral as far as the client is concernced. Introducing this into the equation is another naughty lie from the agent.

I know the OP is keen on the role and I don't blame them, it's just a shame that their introduction into the commercial world has to be tainted by half educated greedy numbskulls. I would write to the client, tell them how keen I am to take the role and inform them that the agency are placing such onerous conditions upon them that makes it untenable. Move on and look for something more achieveable. Chances are the client will smack the agent into line.

My two 'penneth is that every time (and it is a few) that I have flatly refused to opt out, the agent has backed down - every time.