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    #21
    Originally posted by Pondlife View Post
    Don't really agree as I can't see many agencies issuing one contract having clauses that are different depending on your status. For example. You can only be held responsible for your work and have to fix errors at your own cost if outside the regulations. This clause would be illegal if inside. I therefore cannot see how you can change your status and opt back in if it invalidates your contract terms.
    Unless the contract specifically states that the contract is only valid if you are opted out and will no longer be valid if you opt in there is nothing much they can do about it IMHO. Even then it will probably be seen as an un-enforcible condition because they are attempting to deny you your legal right to opt in and will most likely crumble if it ever went to court.

    Bear in mind that the vast majority of T & C in contracts supplied by agents are probably utter tosh, have never been tested in court, and wouldn't stand up if it went to court. They just need you to belive that the T&C are valid and that you are bound by them when in a lot of cases you probably are not.

    Things like you are not allowed to work for the end client for 2 years after finishing your contract are rubbish and will never stand up in court because it is an unreasobanle handcuff clause. If they said 4 weeks it would be probably be fine.

    I would love to see them take you to court because you decided to opt in. It would probably get laughed out by the judge if it ever got that far.

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