Advice Please - Opt In / Out Contract Wording

**TykeMerc** · 4 September 2008, 09:50

Originally posted by MaryPoppins View Post

Hi all

Just about to start a new contract via Elan and have noticed the following at the bottom of the contract, after asking the agent why I hadn't been asked about opting in/out.

'I am opting out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (The Regulations) and accordingly the provisions of the Regulations will not apply to any services provided by me.

I am freely entered into this opt-out declaration. I acknowledge that I am free to withdraw this opt-out declaration at any time by giving not less than one week's written notice. However, where notice is given during a Project Period, it will not take effect until the Project Period has ended. This decision is reached on my own behalf, and also on behalf of my company.'

I know from these forums that there are arguments for and against opting in/out. However I am not particularly comfortable with having no choice in the matter. I've queried this with the agent but am of course fully expecting me to reply telling me that this is his client's requirement. I know that this is probably not true - could someone advise me on how best to respond to this?!

The contract is with a client that I would probably not be able to go direct with anyway, due to their own regulations re: recruitment, but I was slightly concerned by this line in the contract which may have an impact (or not?) if opted out:

Elan may terminate these terms of engagement with immediate effect:

- if the client has failed to pay an invoice in relation to the Services provided by the Company.

Any thoughts welcomed!

Thanks
Lisa

I've seen much the same in the recent past and struck it out before I signed it. I don't think they even noticed.

Plus you're supposed to opt out before meeting the client and I'd had a couple of interviews so it was meaningless.

**malvolio** · 4 September 2008, 09:59

You always have the choice. The idea is to protect the vulnerable from corporate shennanigans. Anyone that tries to remove that choice is breaking the law.

However, as has been said, once the client knows who you are and you haven't explicitly opted out beforehand, you're opted in and can't then opt out.

ISTR the PCG's guide to the regs includes some sample wording for your own letter.

**MaryPoppins** · 4 September 2008, 10:06

Thanks very much both, as I thought. The agent is clueless as usual about the regs, telling me I "should" opt out, as "99% of contractors do, and opting in will make me "more of an employee to the client".

Have replied with the required amount of derision and scored the wording out before signing, as I have a feeling that Opting IN on this one is a good idea.

Thanks again

Lisa

**MaryPoppins** · 4 September 2008, 11:07

Agents boss has called and said:

"If you so wish you can still opt out, as long as you have not met the client to start the work, you can still opt out if you would like to. The interview does not class itself as meeting the client and affecting the contract at all at that point."

??

**The Lone Gunman** · 4 September 2008, 11:11

Originally posted by MaryPoppins View Post

Agents boss has called and said:

"If you so wish you can still opt out, as long as you have not met the client to start the work, you can still opt out if you would like to. The interview does not class itself as meeting the client and affecting the contract at all at that point."

??

They are simply wrong. Look back at other threads concerning opt out being on contract etc...

Up side is that you can sign it then ignore it if you need to use the regs.

**MaryPoppins** · 4 September 2008, 11:19

Thanks lone, just looking back through old threads now, and thought as much anyway. Contract is now signed in any case, just trying to prove a point with the guy who is (as per) assuming I am a clueless girly.

**TykeMerc** · 4 September 2008, 11:39

Originally posted by MaryPoppins View Post

Agents boss has called and said:

"If you so wish you can still opt out, as long as you have not met the client to start the work, you can still opt out if you would like to. The interview does not class itself as meeting the client and affecting the contract at all at that point."

??

Agents "boss" is a muppet, they're just trying it on.

If a face to face interview doesn't constitute a meeting then I've no idea why.

**MaryPoppins** · 4 September 2008, 13:22

They won't let this go. I have signed the contract etc but have had several calls and emails from them, each time informing me that "I can still opt out if I want to, do I?" and that their legal team has advised them that consultants can opt out up to their first day, not including interview. Last call involved me patiently explaining to the (clearly panicked) agent who asked would it be Ok for someone more senior than his boss to call me to "see what they can do for me" - my response was, yep, cool - but I am opted in so it makes no odds to me.

If they make any threats re: the contract (starting in two weeks) I am able to contact my potential manager directly. Should I?

**malvolio** · 4 September 2008, 13:46

There is some debate over "Introduction". DBERR's view is that it is first realistic contact, bearing in mind that if you worked as a secretarial temp for Office Angels (the kind of worker these regs are actually pointed at) you are quite likely to turn up on a Monday without any prior contact with the client, who may not even know your name until you arrive.

Many agencies fail to make the distinction. These guys are plainly wrong, and you don't have to opt out anyway. Stuff 'em.

Advice Please - Opt In / Out Contract Wording