Agency Pressure to Opt Out - how to handle?

[Willy Win]

Anyone had any experiences with Michael Page being "anti opt-in"? Just provisionally accepted a contract with an urgent start and started the ball rolling with providing passport and references.

I asked the agent to send me T's and C's for review and immediately she sent me the "standard" ones with an attached statement requesting my confirmation to opt out. When I responded asking whether the T's and C's sent were for opting in (they weren't), I received no reply. A few hours later I sent another email requesting that she send ther opt in terms and again...... radio silence.

Rather strange as prior to this she was responding to emails very quickly! Anyone else had a similar experience with this agency or others and how did you deal with it? Should I just stay fast and wait until they respond rather than chase? Obviously I don't want to lose the gig but I get the impression that I'm being inadvertently pressured into opting out even though they are not actually saying that is what they want me to do.

[northernladuk]

Just opt out and get on with it. Least of your worries right now.

They are well within their rights to just say we don't deal with opt in contractors. It's their business model. Nothing illegal or discriminatory.

[BlasterBates]

Even if the contract doesn't have an opt out it doesn't mean you're opted in; such is the subtlety of the law.

The benefits of not opting out are theoretical rather than actually useful. Only if it is in black and white contract are you definitely opted in. In any case whatever it is you want from being opted in should be in the terms of the contract.

Just agree and sign, you are losing nothing,

[Andy Hallett]

Even if the contract doesn't have an opt out it doesn't mean you're opted in; such is the subtlety of the law.

The benefits of not opting out are theoretical rather than actually useful. Only if it is in black and white contract are you definitely opted in. In any case whatever it is you want from being opted in should be in the terms of the contract.

Just agree and sign, you are losing nothing,

Quite an achievement to be wrong in every one of your three paragraphs.

[northernladuk]

Quite an achievement to be wrong in every one of your three paragraphs.

I've got something like 40k examples of doing the same and do I get any recognition for it? Do I buggery.

[ladymuck]

I've got something 40k examples of doing the same and I do I get any recognition for it? Do I buggery.

Being wrong every time? We know, boy do we know...

[northernladuk]

Being wrong every time? We know, boy do we know...

Et tu ladymuck?

[Lance]

Anyone had any experiences with Michael Page being "anti opt-in"? Just provisionally accepted a contract with an urgent start and started the ball rolling with providing passport and references.

I asked the agent to send me T's and C's for review and immediately she sent me the "standard" ones with an attached statement requesting my confirmation to opt out. When I responded asking whether the T's and C's sent were for opting in (they weren't), I received no reply. A few hours later I sent another email requesting that she send ther opt in terms and again...... radio silence.

Rather strange as prior to this she was responding to emails very quickly! Anyone else had a similar experience with this agency or others and how did you deal with it? Should I just stay fast and wait until they respond rather than chase? Obviously I don't want to lose the gig but I get the impression that I'm being inadvertently pressured into opting out even though they are not actually saying that is what they want me to do.

There is no opt in. That’s the thing with ‘opts’. If you don’t opt out, you’re in.

I just refuse to sign. If it’s a deal breaker I sign.

[malvolio]

Anyway....

You can't opt in, you are in unless you opt out. Opting out requires you tell the agency before the client knows who you are to be 100% sure it is valid. However most (all?) agencies hae their own - wrong - opinion on that depending on how you define the work "introduced". So just sign their silly paperwork, it's almost certianly invalid. As NLUK says there are far more important things to worry about right now.

[Willy Win]

Opting out requires you tell the agency before the client knows who you are to be 100% sure it is valid.

So opting out would only be valid if done before interview stage with the client? Agency Senior now laying it on thick by asking me if I have taken legal advice on the implications of opting in for IR35.

Apparently the agency has had to address some of the terms with their contract with the client's legal team again, who want to to know why I am opting in because it will likely affect the IR35 determination and change it to inside, as the contract falls past April. Not sure whether this is just the agency trying to throw their weight around.

The simple reason I want to remain opted in is due to the not being restricted on working directly for the client. The constant back and forth with agency about this is causing a delay of nearly a week on my start date. They are "concerned" that the client will change the contract to inside and that I'll walk. Can I have the opt out terms amended to not include the restriction clause or am I better off just signing the opt out anyway seeing as it's not valid?