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Contract Restriction Covenant Terms

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    #21
    Originally posted by bbp View Post
    It is a solid offer from the client, everything is set to start if this is sorted. I'll be honest, have no idea about opting out of agency conduct regulations. I signed only the contract & below is the only relevant clause I can find. I guess I did not opt-out then?

    he/she will at all times comply with all relevant laws, regulations,
    guidance and codes applicable to the provision of the Services and the
    performance of work by the Contractor, in particular where applicable
    the code of practice of the Recruitment and Employment
    Confederation, and the Employment Agencies Act 1973, the Conduct of
    Employment Agencies
    and Employment Businesses Regulations 2003,
    the Data Protection Act 1998, the AWR, the Immigration, Asylum and
    Nationality Act 2006, Income Tax (Earnings and Pensions) Act 2003, the
    Working Time Regulations 1998, the National Minimum Wage
    Regulations 2015 and all statutory requirements from time to time in
    place in respect of equality and diversity;
    you probably haven't.
    The agency opinion might be different but evidence is what matters. Similarly if they have no evidence of you working there they can't do anything anyway.
    It's not like you're going to be on site till at least summer anyway is it?
    See You Next Tuesday

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      #22
      Originally posted by Lance View Post
      you probably haven't.
      The agency opinion might be different but evidence is what matters.
      What does it mean if I haven't opted out?

      Comment


        #23
        Originally posted by bbp View Post
        What does it mean if I haven't opted out?
        Nothing. It's utterly useless.

        Is the above an extract from your contract that has been supplied to you by the client to go direct?
        Last edited by northernladuk; 6 January 2021, 21:02.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #24
          Originally posted by bbp View Post
          What does it mean if I haven't opted out?
          Read this Opt in or opt out - Agency Conduct Regs - Qdos Contractor

          I'm not up to speed of late on it, so could be talking tulip. But agents I have dealt with a few years back had a separate form to sign to say 'I opt out of the agency regs'. My understanding is if you haven't signed something to that effect then you are covered by the agency regulations which limits your exclusion clause to 8 weeks from the end of your last contract.

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            #25
            Originally posted by rootsnall View Post
            Read this Opt in or opt out - Agency Conduct Regs - Qdos Contractor

            I'm not up to speed of late on it, so could be talking tulip. But agents I have dealt with a few years back had a separate form to sign to say 'I opt out of the agency regs'. My understanding is if you haven't signed something to that effect then you are covered by the agency regulations which limits your exclusion clause to 8 weeks from the end of your last contract.
            +1 It would usually be a different piece of paper as they need your personal signature on the opt-out not your company's signature.

            So if you don't remember signing a separate opt-out you probably haven't opted out.
            merely at clientco for the entertainment

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              #26
              Originally posted by northernladuk View Post

              Is the above an extract from your contract that has been supplied to you by the client to go direct?
              It's from my previous contract with the agency. Sounds like I did not opt-out of agency conduct regulations. Why is that useless?

              Comment


                #27
                Originally posted by eek View Post
                +1 It would usually be a different piece of paper as they need your personal signature on the opt-out not your company's signature.

                So if you don't remember signing a separate opt-out you probably haven't opted out.
                Correct. Usually it would be a single piece of paper but some agents include it in the terms of engagement. For e.g. in my current role the Terms of Engagement says

                Code:
                ...both the Consultancy and the Consultancy Personnel have agreed to opt out (or will,
                prior to Assignment, ...) of the Conduct of Employment Agencies and
                Employment Businesses Regulations 2003 (Conduct Regulations) such that those
                regulations will not apply to this agreement ...

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