Opt out of Conduct of employment agencies 2003 act?

**northernladuk** · 9 September 2013, 09:08

Originally posted by craig1 View Post

I'm not really known for being that tolerant of agencies messing about. They pay up within a week of my invoice or I start hassling them unless they've got an excellent one-off excuse. Agencies on quite decent margins (this one is a fixed 15%) have no excuse for messing about regularly.

They usually buckle and start playing nicely when I start adding quite small bits of statutory interest on very late invoices! For some reason having to pay that trivial bit of extra money has more effect than 10-15 phone calls on most agencies.

I meant the fact if you are opted in they are obliged to be a lot more diligent checking your references and qualifications. One of the reasons they want you out is so they don't have to put the extra leg work required by an opt in status.

**craig1** · 9 September 2013, 12:37

Originally posted by northernladuk View Post

I meant the fact if you are opted in they are obliged to be a lot more diligent checking your references and qualifications. One of the reasons they want you out is so they don't have to put the extra leg work required by an opt in status.

Ahhh... fair enough.

I've only had that once. That was back in 2011 with an agency getting quite petty about my pre-agreed terms with their client, they were essentially doing the intermediary/payment service for the client and were on a paltry 4% margin. They couldn't understand why I reacted with incredulity when they asked me to opt out even though I'd arranged all my terms and payment conditions at interview with the client long before we included them in the deal. To be fair to them, having to pay a contractor weekly bill/weekly pay on 4% margin to a client with 60 day payment terms isn't going to make them much money, if any.

I sent them an email giving them notice from me as Partner in my LLP that I had been engaged as Partner since the LLP was incorporated and this could be verified by reference to published documents available at Companies House, details of my clients within that were confidential except as listed on my CV. Paragraph two was simply that the end client had accepted my skills and qualifications as suitable for the role described and as listed on my CV. As blunt as that and they accepted it.

I have a standard pack that I email to agencies I've not worked for before when offered a contract, it includes a scan of both my passport and drivers license, my VAT registration and Certificate of Incorporation. That usually satisfies them, I've only had one agency ask for my original passport, I sent it to them registered delivery and they returned it the same way. I've only had one agency ask for proof that the bank account given wasn't a personal one.

Every contract since the regs came in in 2003 I've been opted-in, or more precisely I've refused to opt-out. In that time I've had a good number of contracts and none of the agencies have been willing to lose a contract over opt-out status, all have buckled with not too much pressure and most just get on with the contract after that. Most of the agencies have had me as repeat business as well as they know it's far more important to get a reliable contractor than get petty about opt-out status, after all it's only going to come into play if they're going to mess me around.

**Ticktock** · 18 September 2013, 15:13

How hilarious.

The agency who I am currently contracting through have just sent me an email. Apparently they're updating their records to "ensure all parties comply with the Data Protection Act and the Money Laundering Act. "

As part of their review of my records they're missing my Opt Out. Part of me is tempted to just ignore them, part to remind them that this is meaningless since I was introduced to the client months ago, and part to remind them that, as stated when signing the contract, my company does not Opt Out.

**Wanderer** · 18 September 2013, 22:45

Originally posted by Ticktock View Post

Apparently they're updating their records to "ensure all parties comply with the Data Protection Act and the Money Laundering Act. "

As part of their review of my records they're missing my Opt Out.

Write back and innocently ask what the opt out is.

**OhJoy** · 23 October 2013, 22:07

Clarification on fun fun stories from Recruiter

Hi, I'm trying to get through this thread and think I have correctly decided to Opt In to the regulation.

I'm about to start my contract tomorrow with the employer so it's probably already too late to opt out legally. The opt out documents were sent through along with the contract.

Anyway, I told the recruiter I'd finished signing off on the contracts electronically on their site today and then he called me back and said I'd forgotten to sign off on 2 opt out documents (1 for me as the consultant and 1 for the limited company).
I said I was opting in. His response was:

1. All contractors he's dealt with opt out anyway
2. It might impact my overtime like I can't get paid more than 48 hours based on the rules. I said I don't want to do overtime. I noticed a previous poster mentioned the recruiter gave this funny response as well.
3. Apparently it affects my ability to claim vat or something?

I'm planning to contract for short term (3 months at most probably anyway) so even registering for vat is kinda pointless as a limited company for me right now.

Just want to confirm this is all just fancy imaginative stories the recruiter is making and opting in is definitely the way to go.

Thanks!

**Contreras** · 24 October 2013, 00:23