Change of Agent - Trying to chang OptIn/Out status

[Earlyflash1]

Hi all,

I did search, and didn't find anything similar.

Essentially, the client is changing their Preferred agency and the new one are asking me to Opt-Out at this point.

I've been onsite for a few months already, so this was a bit of a surprise. (I opted in previously).

Just to complicate things, there is a consultancy firm between my self and the client's agency, i.e.:

me -> consultancy -> agency 2 -> client

I made the case that since I was onsite, I was already 'introduced' to the client, and therefore I couldn't opt out, but they are claiming that:

"[you] have not been working through [agency] so this is being asked before we work through them "

Is there anything in the regs around contracts switching between agencies?
Surely the introduction clause is to the end-client, rather than Agencies?

For comedy gold, here's some of the wording they use to 'convince' you to go outside:

"Some of our clients have already indicated a preference for us to supply contractors who have “opted-out” of the Conduct Regulations, because they are concerned that the quasi employment protection given by the Regulations may be detrimental to their interests"

"There is a concern that under the Conduct Regulations any contractor undertaking an assignment for a client who has not “opted-out” will be acting under the supervision and control of that client. "

"Please be aware that if you decide NOT to “opt-out” then we will need to meet with you at our offices to check original documentation and take copies for our records. "

Thanks for the help.

[swamp]

Bluff them with bulltulip and stall them and they'll soon forget about the opt-out form. If they don't then just sign it -- remember it won't be worth the paper it's printed on.

[malvolio]

You can only change your opting status at contract renewal, which this is in effect. However (a) it's your decision and yours alone and (b) it has absolutely sod-all to do with id checking, especially since the client already knows who you are and is presumably happy about it. As for direction and control issues, the regs at this level are about you getting paid by the agency and have nothing to do with the client or your working practices.

It causes the agency more work and increases their business exposure a bit, which is why they want you to opt out. You don't have to. Shame...

[Earlyflash1]

Thanks for the responses.

I can't ignore it, as they are saying that I'm no longer allowed onsite from 6th September, unless I decide.

Not quite sure how they can do this, given the contract, but whatever.

So, there are no known provisions in the regs regarding the changing of EB during a contract?

If so, great, I'll tell them to bog off.

[Not So Wise]

Essentially, the client is changing their Preferred agency and the new one are asking me to Opt-Out at this point.

I've been onsite for a few months already, so this was a bit of a surprise. (I opted in previously).

You cannot legally opt out at this stage, any paperwork to opt out you might sign at this stage would be worthless

"[you] have not been working through [agency] so this is being asked before we work through them "

Meaningless, you are on site already doing the job. well past introduction stage. They could only claim this if you were going to be doing new role as part of the change

"Some of our clients have already indicated a preference for us to supply contractors who have “opted-out” of the Conduct Regulations, because they are concerned that the quasi employment protection given by the Regulations may be detrimental to their interests"

This might be true, true as in the client might be concerned, but not right in their actual concerns (they are normally fed this crap by agents or clueless HR people)

"There is a concern that under the Conduct Regulations any contractor undertaking an assignment for a client who has not “opted-out” will be acting under the supervision and control of that client. "

Absolutely nothing in the reg's that even hint that this, basically this is the old 'IR35 caught scare tactic', something that has never concerned clients as no penalty for them

"Please be aware that if you decide NOT to “opt-out” then we will need to meet with you at our offices to check original documentation and take copies for our records. "

Actually the only thing they say about the regs that they say is true (there is an obligation to verify your eligibility to work and references), just 99% of agents don't bother with this bit

Sounds like crap agency (S3 member by chance?) still stuck in the first half of the decade, good luck with the tosspots, if you are pretty secure with the client would bring them into the loop as they are forcing this change

Edit: Just to add, if you get contract T&C's right you can get all the protection of the agency reg's anyway. As far a contractors are concerned all they are is contracts conditions they should be demanding anyway, aka get paid, on time, regardless of any 3rd party issues and with a reasonable lockout period for going direct

[NotAllThere]

Thanks for the responses.

I can't ignore it, as they are saying that I'm no longer allowed onsite from 6th September, unless I decide....

I would have thought that only the client could decide whether you are allowed on site or not.

If I were the client, or indeed your consultancy, in the event of an issue like this (unless you are just a commodity - a bum on a seat), I'd be telling the agency to bog off.

Just tell them that you are not opting out.

[lje]

Just tell them that you are not opting out.

Seconded. You don't want to opt-out, they are recommending that you opt-out, you politely refuse.

[Earlyflash1]

I was always minded to tell them to bog off anyway, just wanted to be more sure that there was nothing about contracts changing hands.

In a lot of ways this has no bearning on me anyway, as it's a downstream contract and thereforce largely irrelevant, as the terms and conditions of my contract aren't changing, nor should they.

Just a bizarre requirement, but it was worth checking out withyou knowledgable persons.

[TykeMerc]

I was always minded to tell them to bog off anyway, just wanted to be more sure that there was nothing about contracts changing hands.

In a lot of ways this has no bearning on me anyway, as it's a downstream contract and thereforce largely irrelevant, as the terms and conditions of my contract aren't changing, nor should they.

Just a bizarre requirement, but it was worth checking out withyou knowledgable persons.

If you decide to remain Opted IN (right decision in my book) then take care to read your contract carefully.
The vast majority of agencies hate people being Opted In and often try to take the p155 with mickey mouse contract terms when you politely decline their offer to Opt Out.

[Earlyflash1]

If you decide to remain Opted IN (right decision in my book) then take care to read your contract carefully.
The vast majority of agencies hate people being Opted In and often try to take the p155 with mickey mouse contract terms when you politely decline their offer to Opt Out.

Thanks for the note.

I'm already in a contract, so they'll be hard pushed to change it now until it finishes.

As far as I can see it's all posturing and positioning, there's no real substance to the issue.

If it gets too much, I'll just sign out, and know that it doesn't mean a thing legally.