Haven't been paid as client hasn't paid agency...how is that my problem!

[SpontaneousOrder]

I'd be interested to know where they got that from, unless they also work for the agency and know how they operate.

And it's illegal too, right?

I can probably count on two fingers (certainly one hand) the number of agents who have mentioned opt out status in the initial conversation, so to suggest that this would have happened seems frighteningly naive.

Yeah. I had no view of any opt in/out until I already had a contract in my hand, and an email asking me to sign the opt out agreement.

[northernladuk]

Yeah. I had no view of any opt in/out until I already had a contract in my hand, and an email asking me to sign the opt out agreement.

Can't remember a single time I have been asked to Opt out before introduction. Bearing in mind we shouldn't be signing anything until we have seen a contract, which they won't issue unless you get offered the gig it's all a bit of a nonsense really.

[TheFaQQer]

And it's illegal too, right?

Absolutely. The agency cannot make the offer of a contract conditional on your opt out status.

[northernladuk]

Absolutely. The agency cannot make the offer of a contract conditional on your opt out status.

Hmm, I thought the jury was out on this. Both Cojak and SueEllen got conflicting information. Cojak said no but SueEllens response said something along the lines it is the agencies choice if they wish to only use Opt out people. I think her response was from BiS.

[malvolio]

Hmm, I thought the jury was out on this. Both Cojak and SueEllen got conflicting information. Cojak said no but SueEllens response said something along the lines it is the agencies choice if they wish to only use Opt out people. I think her response was from BiS.

BIS's view was that making the Opt Out a condition of contract award was illegal, but - and it's rather a big but - the agency is free not to deal with whoever it chooses. Another reason the Regs are actually a waste of time and effort for a trading company: I follow the principle that I ignore them since to do otherwise implies I consider both MyCo and me to be in need of their protections: as we can see from this thread, they make f*** all difference in the real world we all inhabit.

[SueEllen]

Hmm, I thought the jury was out on this. Both Cojak and SueEllen got conflicting information. Cojak said no but SueEllens response said something along the lines it is the agencies choice if they wish to only use Opt out people. I think her response was from BiS.

Yeah we did get conflicting information and both our information was from the BIS EAI team members.

In this case regardless of whether you are opted in or out if the client doesn't pay the agency you aren't guaranteed to get paid on time.


Being opted-in just means that the agency will have to pay you at some point if the client never pays.

In this case it's best to talk to people first and record everything in emails. That way if the client says we will pay the agency in 7 days but doesn't you can turn around to them and say then I'm not working until you do.

The reason to read your contract properly is that some contracts actually have clauses in them that if the client is 10-14 days late in paying the agency, then the agency will tell the contractor not to go in. This is to protect both the agency and the contractor credit lines.