Agencies and Opting Out

[malvolio]

Thanks for the replies, you are so right, many agency staff just don’t get it, which I find is outrageous considering they are hiring contractors!!

Last one but one that I spoke to had been selling windows three weeks earlier. The last one knew absolutely nothing about the whole concept of a contractor with his own company...

99% are salesmen, not recruitment consultants. If you find a good one, hang on the them!

[rootsnall]

Yes, you could go direct after a break. Whether the client has the clause in their contract is something only they can answer - but generally they do and it makes that benefit of opting in useless.

If you are opted in ( and thus covered by the agency regs ) then any clause in the contract between the agent and the client that has restrictions over and above the regs is not legal.

My last two contracts both contain 12 month restrictions and other opt out details but in neither case did the agent even mention opt in/opt out and I haven't signed any opt out paperwork. 99% sure the particular agent ( from a large agency ) wouldn't know his opt out from his elbow !

It is all a bit academic in practice as when it comes to trying to go direct the agent will get heavy with the client and then the client ( unless he likes a good scrap ) will back down.

[Apache]

in...out...in...out

.....shake it all about

[TheFaQQer]

New contract, just spoken to the agent - I'd met the client, then interviewed in person.

Agent: So, are you opting in or out?
Me: I can't opt out - I've met the client.
Agent: Course you can, and it's better for IR35...



I've told her I'll opt out - even though I can't, if I need the protection, I know it's there!