Opt out of Conduct of employment agencies 2003 act?

[riffpie]

Get the certified copies of the documents and send them in, also tell them you will take the originals with you on your first day for the client to sight when you start work. There is no need to meet with their legal people, they are only going to try and harass or bully you. If you do go and meet them then I would be inclined to record the conversation for your records.

Don't forget that the agency regulations protect the client as well as the worker so it's also in the client's interests for you to stay opted in. Tell the agency quite bluntly that if they mess you around then you will speak to the client and tell them exactly what's going on and that the agency are deliberately being obtuse because you have refused to opt out of the agency regulations.

Good luck

Cheers! Quick update, I've stuck to my guns and agent has agreed that a certified passport will do. My g/f works in a bank so it's trivial for me to get this done. It took a whole day of email arguing, and me repeating that any delay jeopardised my ability to meet the expected start date, but it paid off. Anyone else going through this: whatever barriers they put in your way, persevere. They're just trying to make you think "Oh sod it, I'll opt out"

[SueEllen]

They're just trying to make you think "Oh sod it, I'll opt out"

A quick telephone call to the Pay and Work Rights Helpline on 0800 917 2368 who will get in touch with the Employment Agency Inspectorate at the Department of BIS, will ensure they won't give you any more paperwork.

They also won't remove your contract unless the client really doesn't want you. (Have a google of what the EAI can do to the directors of agencies.)

And most contractors opt-out because agencies put it in the contract which a lot of contractors don't read.

[tapir]

Thought I'd throw my experience in - I'm about to start my first contract, the recruiter has sent me "Terms of engagement with a limited company contractor who has opted out of the conduct regulations" document to sign and return. He has also sent me "Conduct regulations opt out notice". I have asked if the first document contains a typo, as it assumes I am opting out. There's no point in signing an opt-out agreement if my main contract already states that I've opted out! Interestingly, I have found an almost identical contract online, that is headed "Terms of engagement with a limited company contractor who has NOT opted out of the conduct regulations" (bold is my emphasis).

I'll report back if this is either a genuine error, an attempt to hoodwink me, or first contract naivety

[Robinho]

Agent has just rang me and was putting me forward for a role and pressured to opt me out.

I said i'd rather opt in, then he went on about a whole load of tulip about Ian Huntley. And about address and employment background checks. And about how they would have to incur and admin charge and increase possibly reduce my rate.

I presume this is a ridiculous attempt to make me opt out?

I said i'd email him back in the next 20 mins or so to confirm my position.

[tapir]

Thought I'd throw my experience in - I'm about to start my first contract, the recruiter has sent me "Terms of engagement with a limited company contractor who has opted out of the conduct regulations" document to sign and return. He has also sent me "Conduct regulations opt out notice". I have asked if the first document contains a typo, as it assumes I am opting out. There's no point in signing an opt-out agreement if my main contract already states that I've opted out! Interestingly, I have found an almost identical contract online, that is headed "Terms of engagement with a limited company contractor who has NOT opted out of the conduct regulations" (bold is my emphasis).

I'll report back if this is either a genuine error, an attempt to hoodwink me, or first contract naivety

update: "we'll send an updated contract if you want to opt-in"

So just the recruiter being a little bit crafty and assuming that I wouldn't read the bold heading at the top of my contract.....

[SueEllen]

Agent has just rang me and was putting me forward for a role and pressured to opt me out.

I said i'd rather opt in, then he went on about a whole load of tulip about Ian Huntley. And about address and employment background checks. And about how they would have to incur and admin charge and increase possibly reduce my rate.

I presume this is a ridiculous attempt to make me opt out?

I said i'd email him back in the next 20 mins or so to confirm my position.

Yes.

It's more hassle for the agency to do proper background checks than it is for you.

Employment background checks would involve contacting every agency you have been through for about 3-5 years and/or your accountant. All agencies and most accountants will happily give a one liner stating that you worked/used them from x to y.

You may have to get one or two of your respectable sounding mates to state they have known you for 5 years.

So always tell them you are very happy for them to contact background checks on you, and if one of their offices is within a reasonable driving distance also tell them that tomorrow at 2.30pm will be a suitable day for you to pop along with your passport.

[psychocandy]

Agent has just rang me and was putting me forward for a role and pressured to opt me out.

I said i'd rather opt in, then he went on about a whole load of tulip about Ian Huntley. And about address and employment background checks. And about how they would have to incur and admin charge and increase possibly reduce my rate.

I presume this is a ridiculous attempt to make me opt out?

I said i'd email him back in the next 20 mins or so to confirm my position.

Thats a new approach even from agents. Heard it all now...

Could turn it around - if they insist you fill out stupid forms then there'll be an admin charge and you might have to increase your rate!

[Robinho]

I replied and said i'd still rather opt in.

I suspect i'll never hear from him again.

[kingcook]

Check this out:

Payment calendar 2012-13 - ReThink Recruitment

Note the 2nd to last paragraph at the bottom of the page:

Please note for commercial reasons and following advice from BIS, ReThink is unable to accommodate Limited Company Contractors that wish to Opt In to the Conduct of Employment Regulations.

Isn't this illegal?

[psychocandy]

Check this out:

Payment calendar 2012-13 - ReThink Recruitment

Note the 2nd to last paragraph at the bottom of the page:



Isn't this illegal?

I reckon. Whos going to report them? Should be fun.