Pending contract offer but must opt out and accept withholding day rate

[OhJoy]

I've been in the longest screening process ever for a pending contract with a bank. After reviewing opting in vs out on this site, I went back to the recruiter and said I'd like to remain opted in since given the opt out form, it really is a choice.

The screening team for the recruiter responded saying that the contract quotes I must opt out in order to sign the contract so that effectively they are not part of any hmrc investigations and we are a business to business relationship, etc rubbish. She's pretty much said in the email I must re-consider my decision because I did not give sufficient reason as to why I'm opting in. Surely, like any contract, I can just say no and leave it at that and not quote the bible links on why I want to stay opted in and why any mention of seeing an accountant about it has nothing to do with this.

Additionally, I've been told 10% of my agreed day rate would be withheld as a retainer and reimbursed to me when I complete my 3 month contract. This isn't even mentioned in the draft generic contract they had sent to me. With regards to the retainer, can i state to the recruiter that they must pay me the agreed day rate including the retainer and they must bear the consequences of it being reimbursed from the client?
It would be even worse if they just find reasons to release me from the contract before the maturity date.

Does the Employment Agency Standards Inspectorate still exist? One of the links from the forum goes to an archived site?

I'm a tad frustrated and lost since my contractor friends tend to just opt out without checking up on the rules.

I'm not even making a major pay increase on this process.

[LondonManc]

The retainer is nothing more than simple bribery/coercion.

On a separate note, have a look at this: Opt in, opt out? What the employment agency regulations are all about :: Contractor UK
Last Q/A suggests your past the point of opt in/out choice anyway, so it doesn't matter if you opt out now anyway.

[northernladuk]

There was a couple of discussions about the legality of refusing to take opt in contractors. I think SueEllen was championing the fact it was illegal, discrimination I think, where Cojak asked for clarification and got told its up to the agents if they don't want to do business with opt in people.

Either way, it sounds to me you've already been introduced so it's invalid anyway. What that means in reality we don't know as its never been tested.

Bottom line is it is not worth throwing a gig just on opt out status unless you've got a better one to walk straight in to.

The retainer is a new one but I'm hardly surprised with the number of people bailing on gig's here. You can tell them to **** right off and take it out. You get your daily rate like every contractor does and see what they say.
I wouldn't be surprised if this became more prevalent TBH. I never quit gigs so I'd not be to upset by it if there was absolutely no way if removing it.
If they refuse to drop it I'd have them put a clause in about no fault of mine I. E. I'm injured and can't get in or something. It will protect them from you being mercenary but shouldn't be kept if you can't help it. It must not be valid if they can bin you. That's just utter stupidity. It's if YOU don't fulfill the contract. Them or the client giving you notice should not count.
The client won't know anything about this retainer. It's just the agent trying it on.
If it isnt in the contract then do not have any of it though. If it says you get paid your daily rate then that is what they must do.

Make sure you get the contract checked by an expert like QDOS or B&C. They will negotiate on your behalf so should be either able tonget the retainer taken out or worded fairly (if it's in there at all)

[Chuck]

If you do end up with the retainer, make sure they are paying you interest on it. It's YourCo's money after all.

[SueEllen]

Have you had the contract reviewed? If you get the contract reviewed by either a solicitor or one of the review people you may find the retainer clause in the contract is removed.

[SlipTheJab]

Which agency is this? Retainer is a new one on me... I would be inclined to tell them to shove it!

[OhJoy]

Pending contract offer but must opt out and accept withholding day rate

The recruitment agency contact said he'd never heard of this before in the period he's worked as the internal recruiter for the bank. Quote "Apparently it's the norm with this business unit"

I did find an article a while back about RBS considering implementing this back in 2013.

I've searched the forum and have not found anyone mention this at all in their contract re the retainer.

The recruiter screening team is now harassing me to opt out in order to get my contract offer to review. So much effort to only get an increase equivalent to 1/2 hour of my current day rate.
I don't know if it's worth my while paying for a lawyer to help with this.

[northernladuk]

It's not. Get a lawyer in and they will drip you like a stone and go for the next guy. Opt out and get on with sorting the retainer issue out.

[seanraaron]

I did the opt-out thing, but my umbrella said since I was with them it wasn't relevant anyway - just something agencies do because they don't know any better.

[northernladuk]

I did the opt-out thing, but my umbrella said since I was with them it wasn't relevant anyway - just something agencies do because they don't know any better.

Oh dear oh dear...It's not just agents that don't know any better.. Sometimes it's the umbrella and even sometimes the contractor......

Someone has a bit of researching to do. I'm not with an umbrella but this doesn't look too good for you.

http://www.pcg.org.uk/sites/default/...de_2013_v2.pdf

4.0 FURTHER CONSIDERATIONS
I am an umbrella. What do I do?
The Conduct Regulations also apply to Umbrellas. Although it is possible to opt-out
of the regulations as an umbrella, the opt-out was designed with individual limited
company contractors in mind and not those who are employees of an umbrella.
For an opt-out to be effective, any declaration of intent to opt-out must be signed
by both you as the “work seeker” and a representative of the umbrella company.
PCG recommends seeking advice through our Tax and Contracts helpline for further
information.

and the REC guidance...

http://www.wearefutureheads.co.uk/do...ut_guide_1.pdf

A guide to opting out of the Conduct Regulations
The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Conduct
Regulations) dictate how a recruitment company supplies work-seekers to an end client. The
definition of “work seeker” in the Regulations includes individuals who supply their services through
limited companies, umbrella companies as well as personal service companies

and an article on CUK...

http://www.contractoruk.com/agencies...s_opt-out.html