Employment Businesses Regulations 2003 - Specific query on introduction to the client

[Scholes blurred vision]

First contract. Au fait with the sticky on the benefits of opting in to the 2003 regulation.

Question I had was specifically around contractors automatically opting in because they have been introduced to the client during the interview process, however, as I was not a LTD company at that time - and my agency are 'keen' for me to sign a separate opt-out form - does the auto opt in become invalidated (because I did not have a LTD at the time of the introduction - I have subsequently set up a LTD)?

Naturally, I can delay signing the separate form, but the gig is not starting for a while...

[TykeMerc]

The Agency will continue to try to con you into opting out, they hate it when people don't, but if you've read CUK you will know all of the silly stunts they pull on this matter, it's been discussed plenty of times.

You basically have 2 choices.

1. Tell them to shove the Opt Out (you don't Opt IN, everyone is automatically opted IN) and run the marginal risk that they will place someone else. There's also the reality that they may well offer a badly worded contract because you refuse to Opt OUT.

2. Cave in for an easy life. In truth in a high percentage of cases the Opt OUT is probably invalid anyway.

[Scholes blurred vision]

Thanks for the comprehensive response, TykeMerc.

The agency want me to opt out, but I guess the point I was getting at is, if I have already met the client, being interviewed by the client and they have offered me the position before the agency mentioned what the regulation is and whether I should opt-in/out, then isn't signing the opt-out regulation a moot point because it is effectively invalid as mentioned by The Wikir Man in this post

The bit I am unsure of though is that I did not have a LTD at the point of meeting the client

[malvolio]

It all hinges on the definition of "Introduction", which the Regs do not do. Everyone bar the agencies take it as the client knowing who you are, which is basically somewhere between them seeing a named CV and when you get the appointment for the interview . The agencies prefer to use "introduced <into>" as in the first time you turn up for work.

The idiots that wrote the Regs caused this because they were working on the Office Angels version of a worker, who is quite often unknown until they turn up on the Monday morning (and as long as they can use a phone and a keyboard, who they are doesn't matter anyway) but which clearly doesn't work with an expert, knowledge-based resource.

Until it goes to court, we will never get a definition. The only way to be sure that you are opted out is to include an opt out letter specific to that agency with your initial submission. You will note that JobServe and friends do not allow that to happen...

Or sign any old tat the agency send on the not unreasonable basis that you are almost certainly not opted out anyway.

[Scholes blurred vision]

Perfect, thanks malvolio