Opt-out disclaimer in interview confirmation email

[mookle]

(edit: *opt-out of Conduct of Employment Agencies 2003 Act)

I was under the impression that opting out involved:

a) signing an explicit declaration of opt-out intent, and
b) had to be done by both the contractor and their PSC (where applicable)

I've just received a "congrats on your interview" email from an agency which contains (amongst various other bits) a disclaimer that the interview is being offered on an opt-out basis, and that turning up is implicit consent to opt-out.

Would this hold up as an opt-out if push came to shove?

[TheFaQQer]

Opt out needs to be done in writing prior to being introduced to the client. You do not have to physically sign anything, merely to accept that you are opting out of the agency regulations.

I would be surprised if you would be opted out correctly by receiving an email and turning up for an interview. However, bear in mind that the agency may offer a very different contract if you are opted out to if you remain inside.

[SueEllen]

Do the interview then deal with it when you get the role.

Some agents automatically say you have opted-out when you can't due to client procedures, or when you can change the contract with the help of your reviewer so their standard contract opt-out clauses have no impact on you.

[mookle]

However, bear in mind that the agency may offer a very different contract if you are opted out to if you remain inside.

Yeah, in practice it's never really a choice between opt-out vs opt-in, but opt-out vs how uncomfortable are the agency going to make things! I'm still amazed they can do that; it's not technically a refusal, but practically it amounts to the same thing when it comes to IR35 safe contracts...

Re-reading their email, it may be a simple notification rather than an attempt to gain implicit consent. I.e. let us know early because there is a ton of paperwork that needs doing prior to the interview if you're going to opt-in.

[mookle]

Do the interview then deal with it when you get the role.

Some agents automatically say you have opted-out when you can't due to client procedures, or when you can change the contract with the help of your reviewer so their standard contract opt-out clauses have no impact on you.

One of my concerns was if they can get away with an implicit opt-out, then having the conversation after the interview would be too late (depending on your interpretation of "introduction" of course). But good point; the things that matter are a) getting the role, and b) the terms of the actual contract!

[SueEllen]

One of my concerns was if they can get away with an implicit opt-out, then having the conversation after the interview would be too late (depending on your interpretation of "introduction" of course). But good point; the things that matter are a) getting the role, and b) the terms of the actual contract:

Agencies will try it on regardless of whether you had the interview or not. Then it's up to who you choose as a reviewer and also the client about what impact that opt-out has on you. However one thing to make sure is that the handcuff clause isn't stupid.

[fannyadams]

My first indication that the agent thought I'd opted out was when I received the contract 'Contract for services (opt out)'

I haven't worried about it unduly.

[psychocandy]

As others have said, agencies try it on. I had one agency where after I started the admin person sent me an email every two weeks saying I hadnt signed the opt out form. First few times I explained no I didnt want to opt out and it was too late anyway but they kept on so I ignored them.

[SueEllen]

As others have said, agencies try it on. I had one agency where after I started the admin person sent me an email every two weeks saying I hadnt signed the opt out form. First few times I explained no I didnt want to opt out and it was too late anyway but they kept on so I ignored them.

I had an agency who 4 months into my time with the client e.g. after I had been extended sent me the opt-out.

I ignored it.

I eventually decided to leave the client and gave my notice in. I was nice and agreed to stay slightly longer so they could get a replacement anyway during my notice period the admin person sent me the opt-out yet again.

So I contacted the agent and asked them to tell the admin to stop hassling me as I couldn't sign the opt-out for a ton of reasons plus there as they had background checked me and had no handcuff clause in the contract there was no point.