Opt out of Conduct of employment agencies 2003 act?

[Andy Hallett]

Opt out of Conduct of employment agencies 2003 act?

Nope, you are contracting direct to the client - so the Regs will not apply.

2 years is 'interesting', double what I have ever seen.

[Wanderer]

So they are acting like an Employment Business?

The terms "Employment Business" and "Employment Agency" are defined in section 13(2) of the Employment Agencies Act 1973,

You can read the act and decide if it applies to your distinct circumstances but briefly, an "employment business” is a business of supplying persons in the employment of the person carrying on the business, to act for, and under the control of, other persons in any capacity.

So if you work for a consultancy which sends you to go and work for one of it's clients and you work under the control of the client rather than the control of the consultancy then the consultancy may be acting as an employment business.

Generally though, consultancies don't see themselves as an employment business (and you would probably have a tough time arguing otherwise) so you don't get the protection of the agency conduct regulations....

[monkfish]

Interesting gig, decent rate, didn't "opt out" before interview etc and client wants me.

Agency sent "opt out" version of a contract to me for review. Got sent straight back.

Agency:

That was an opt out version yes. No-one had an opt in version as we’ve never apparently had anyone opt in! With opt out I understand it means you’re accountable for all your taxes etc, we pay you the gross amount and that’s it. I expect you’ll know this with your limited company etc, but I’ll persevere to find you an opt-in version. Apologies for the assumption.

Hmm, "never had anybody opt in"...

Am I smelling bulltulip here or what? Whats the likelihood of agency coming back and claiming client doesnt want me now? Which, of course, I have their telephone number and will be able to verify.

[malvolio]

Interesting gig, decent rate, didn't "opt out" before interview etc and client wants me.

Agency sent "opt out" version of a contract to me for review. Got sent straight back.

Agency:


Hmm, "never had anybody opt in"...

Am I smelling bulltulip here or what? Whats the likelihood of agency coming back and claiming client doesnt want me now? Which, of course, I have their telephone number and will be able to verify.

You can't opt in. You're in unless you opt out, which means you and YourCo asserting you wish to opt out, before you are introduced to the client, and after the agency has told the clilent you are opted out. And it has sod all to do with taxes anyway.

If they make it conidtional on you getting the gig, shop them to these guys, who will quickly send them a bill for a fewtens of thousands.

Look up the agent on LinkedIn. Always good for a laugh. Ten gets you one he was selling sporting goods six months ago.

[eek]

If they make it conidtional on you getting the gig, shop them to these guys, who will quickly send them a bill for a fewtens of thousands.

Cheers for that. I hadn't reported Amoria Bond for the opt out trick in ages so I've just done it again.

[TheFaQQer]

If they make it conidtional on you getting the gig, shop them to these guys, who might eventually send them an email reminding them that they shouldn't do this.

FTFY

[monkfish]

You can't opt in. You're in unless you opt out, which means you and YourCo asserting you wish to opt out, before you are introduced to the client, and after the agency has told the clilent you are opted out. And it has sod all to do with taxes anyway.

Exactomundo! It amuses me to find that
a) they have the gall to try it in the first place
b) plead ignorance of the rules suggesting it must be something to do with my limited company and they've never had anybody query it before
c) get defensive when found out and told to go read the regulations they, as a representative of their company should be well aware of.

Thanks for reminding me of BIS route. Hope it doesnt come to that but well worth stashing for future.

[monkfish]

contract review

This gets better...

Having battled with agency for a FULL contract and not just "blind contract" and having taken it accordingly to B&C for their review service (well worth the money!) amendments have been made...

...except they've tried by the backdoor to "reinstate" an "opted-out" contract complete with handcuff clauses, "opt-out" all over the place and the like.

Agency is barking.

Seriously considering printing it out and following the lead here man returns complaint form

[eek]

Just got contract through with opt out form attached.

I haven't the heart to tell the agent that as I've spoken to the client, met the client and will be utterly failing to return the form before I start.

[ronanm]

Hmm.

Have just had an offer then received the opt out. Decided to waive the latter, said couldn't introduce it post intro. Cue phonecall from Agent saying "The Client won't be happy, may pull gig" etc. I asked if they had anything to prove client insisted on it and he said "Yes, in their contract with us." So I asked him to send this on. Imagine my surprise when he said "No problem."

I knew why he was ringing and had read this post. Having leaned toward Opt In at all costs initially, NLUK's suggestion it wasn't worth losing the contract over made me think.

So, I am waiting for this written proof, still none the wiser as to what I will do. I can't afford to lose the contract though so believe it'll be Agents 1 - Ronanm 0 this time. Pesky agents.