Opt out of Conduct of employment agencies 2003 act?

[malvolio]

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.

Interesting to see what happens. It is illegal to make the opt out a condition of you being offerred the job: if you think about it, it rather spoils the whole point of the Regs, which are there to protect vulnerable workers.

As to what to do, you sign the form and take the gig. The Opt out will be invalid anyway, and you can then send a copy of the client-agency contract to the BIS who will have something serious to say to the client's Human Remains team, accompanied by a large fine...

[ronanm]

Interesting to see what happens. It is illegal to make the opt out a condition of you being offerred the job: if you think about it, it rather spoils the whole point of the Regs, which are there to protect vulnerable workers.

As to what to do, you sign the form and take the gig. The Opt out will be invalid anyway, and you can then send a copy of the client-agency contract to the BIS who will have something serious to say to the client's Human Remains team, accompanied by a large fine...

I like it - thanks

[quackhandle]

Interview earlier this week, gig offer, have accepted.

So get a form requesting ltd co bank details but in the middle of this is the question: Do you wish to 'Opt In' or 'Opt Out' of the employment regulations?

Have left it blank, so am expecting a call very soon. Worked with this agency before, one of the decent ones actually, didn't get asked to opt in/out then so we'll see .

qh

[quackhandle]

It's been hidden in the Terms & Conditions / employment schedule. Excuse if I'm being a bit dim, but how does this differ from the contract?

Strange how they want the above signed before the contract is send out to me?

qh

[malvolio]

It's been hidden in the Terms & Conditions / employment schedule. Excuse if I'm being a bit dim, but how does this differ from the contract?

Strange how they want the above signed before the contract is send out to me?

qh

The contract sets the terms, conditions and penalties for the services to be delivered. The schedule defines the stuff that is actually required to be delivered and other variables such as invoicing periods: think of it as the parameters of the contract.

As to why, they will have different contracts for opted out workers (or they damn well ought to have!) and have different legal requirements to meet so they need to know in advance which one to use. Pointing out the minor detail that by now you can't legally opt out now would only confuse them...

[ruasonid]

I have an agency registration form with two sections for opt in / opt out.

First section is for my limited (do they opt in or out?)

Second section is for the contractor (do I myself opt in out?)

Is this a standard approach to opt in / out?

[TheFaQQer]

Is this a standard approach to opt in / out?

Yes

[ruasonid]

Thanks for your reply TheFaQQer.

I'm in a situation where I first met the client directly and handed them my CV, but was later directed to an agency (on the PSL) for bureaucratic reasons. Essentially, the client introduced me to the agency. How might this affect restrictive covenants in any contract that might result, also in relation to opt in/out?

[TheFaQQer]

How might this affect restrictive covenants in any contract that might result

Depends on what they are, who wrote them, whether they are legally enforceable....

, also in relation to opt in/out?

You can't opt out once you are known to the client.

[ruasonid]

Depends on what they are, who wrote them, whether they are legally enforceable....


You can't opt out once you are known to the client.

I'll be opting in then, if it goes ahead..