Opt in / Opt out - whats it all about?

[malvolio]

The interview is never mentioned in any of the contract document. So nobody may know if the interview has ever taken place. Then why is the interview considered so important for opt-out considerations?

Because the ability to opt out ceases as soon as you meet the end client. And unless you can work out how to have an interview without meeting the end client....

That's why we went for the opt-out option in the first place. The whole thrust of the regs is to protect Sally from Office Angels getting shafted by her client and her agency, who until the regs could have withheld her £10 an hour for all sorts of reasons for several months, forced her to work excessive hours and stopped her working for anyone else for months at a time even if it put her out of work. That those conditions can help us in some circumstances is purely coincidental.

The PCG guidance is also entirely clear, as long as you accept the DTI's own position that the opt out takes you out of all of the regs in their entirety, a point which is not immediately obvious from the regs themselves (Whch are a masterpiece of crap drafting).

[TheFaQQer]

Because the ability to opt out ceases as soon as you meet the end client. And unless you can work out how to have an interview without meeting the end client....

That's why we went for the opt-out option in the first place. The whole thrust of the regs is to protect Sally from Office Angels getting shafted by her client and her agency, who until the regs could have withheld her £10 an hour for all sorts of reasons for several months, forced her to work excessive hours and stopped her working for anyone else for months at a time even if it put her out of work. That those conditions can help us in some circumstances is purely coincidental.

The PCG guidance is also entirely clear, as long as you accept the DTI's own position that the opt out takes you out of all of the regs in their entirety, a point which is not immediately obvious from the regs themselves (Whch are a masterpiece of carp drafting).

There is always the question of whether a phone interview counts as meeting the client...

I would argue yes it does, but agencies will argue that it doesn't.

[SueEllen]

There is always the question of whether a phone interview counts as meeting the client...

I would argue yes it does, but agencies will argue that it doesn't.

Course they would.

It's to the agency's financial advantage to argue the introduction takes place when you physically meet the client. Industry custom and practise could be argued to show otherwise.

[malvolio]

Course they would.

It's to the agency's financial advantage to argue the introduction takes place when you physically meet the client. Industry custom and practise could be argued to show otherwise.

Arguably (and rather more realistically) the introduction is at the point when you cease being an anonymous applicant and they know who you are. So that's when the agent sets up the initial contact between the two parties...as in

in·tro·duc·tion (ĭn'trə-dŭk'shən)
n.

1. The act or process of introducing or the state of being introduced.
2. A means, such as a personal letter, of presenting one person to another.

[mailric]

how would they prove you didn;t opt out until after you met the client?

if you verbally opt-out and then meet the client, but not actually opt out in writing then whats the score?

[SueEllen]

how would they prove you didn;t opt out until after you met the client?

if you verbally opt-out and then meet the client, but not actually opt out in writing then whats the score?

It's civil law so the case would be judged on probabilities i.e. who is the most believable and who has the best lawyer to argue their case that doesn't p!!s the judge off.

[Ardesco]

Also you can opt in at any point by writing a nice letter to your agent. Most of them are clueless feckers though and don't understand the very clear wording either/or.

The upside is that you can just let them believe what they want to believe but if it ever goes to court You show them an interview date of say 1st December and an opt-out signed 10th December and the court laughs themself silly at the stupid agency because it is blatantly obvious that you are opted in.

If you are opted in, you are opted in. You can't change that no matter what you sign or what you agree with the agent. The only way they could prove that you're not opted in is if they forge the paperwork and backdate the opt out paperwork hich of course would be fraud which is totally illegal....

[MobileCheese]

Arent they on x-factor ?