Agencies forcing opt out....

[swamp]

I've signed a couple of opt outs, sometimes when I've actually started the gig. I've ignored others, but I haven't actually bluntly refused.

I just go with the flow. I drag my heels and 'forget' to sign the opt out, and in some cases the agent has forgotten. IMO the opt out is a farce and yet another piece of jumble for us contractors.

[TheFaQQer]

Just had an email from my friend, who made a complaint to BIS about Capita's attempts to get her to Opt Out - interesting:

if (upon entering into an agreement to be found work, or registering for work through, an employment agency) an agency informs workers, who supply their services through their incorporated company, that the agency only finds work for such workers who have opted out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, that agency is not contravening the legislation.

If however, an agency subsequently offers a worker a position with a hirer provided that the worker opts out of the
regulations and they withdrew the offer if the worker did not opt out
that would contravene the legislation.

Who are BIS?

I made a complaint to DBERR last year about a large agency forcing contractors to opt out (they put it in their job advert on jobserve that you needed to opt out!) and they investigated and "reminded the agency of the regulations".

That should make a difference

[MaryPoppins]

Who are BIS?

I made a complaint to DBERR last year about a large agency forcing contractors to opt out (they put it in their job advert on jobserve that you needed to opt out!) and they investigated and "reminded the agency of the regulations".

That should make a difference

Think its the same thing, dept for business innovation and skills.

Hm. I agree that the regs probably are a farce but I am always worried I will be opted out on the one role I could do with being opted in on! I think what actually riles me is being bullied by agencies.

I wonder if anyone has ever taken advatange of being opted in, i.e. going direct etc?

[TheFaQQer]

Think its the same thing, dept for business innovation and skills.

Hm. I agree that the regs probably are a farce but I am always worried I will be opted out on the one role I could do with being opted in on! I think what actually riles me is being bullied by agencies.

I wonder if anyone has ever taken advatange of being opted in, i.e. going direct etc?

If you haven't actually opted out, in writing, before being introduced to the client, then it makes no difference - you may be best playing it both ways, i.e. let the agency think that you are opted out, but because the opt out wasn't done properly in the first place, then you are opted in.

That's what I usually do - I argued it once with Ajilon, who refused to offer me a decent contract unless I opted out, and I kept trying to explain that I couldn't opt out because I'd been introduced to the client... I only got a decently worded contract when I told them I would ring the client and explain why I wouldn't be starting.

[MaryPoppins]

If you haven't actually opted out, in writing, before being introduced to the client, then it makes no difference - you may be best playing it both ways, i.e. let the agency think that you are opted out, but because the opt out wasn't done properly in the first place, then you are opted in.

That's what I usually do - I argued it once with Ajilon, who refused to offer me a decent contract unless I opted out, and I kept trying to explain that I couldn't opt out because I'd been introduced to the client... I only got a decently worded contract when I told them I would ring the client and explain why I wouldn't be starting.

I have had a few opt in/out docs presented to me before interview, and that was the case with my friend with Capita, too. I would normally not mention it before interview generally, if they don't.

Ggrrr.