Contract Restriction Covenant Terms

[Lance]

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?

[bbp]

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?

[northernladuk]

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?

[rootsnall]

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.

[eek]

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.

[bbp]

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?

[BigDataPro]

+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

...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 ...