Opt out of Conduct of employment agencies 2003 act?

[SueEllen]

I always use the opt-out contract and get my reviewer to modify all relevant clauses whether they are IR35 related or not.

I never ask for the opt-in version.

It costs a few hundred pounds but unfortunately agents tend to put other bad clauses in their contracts, which could screw you if things went wrong.

In your case I would just withdraw the opt-out before getting on site as that would be the only part of the contract that is invalid.

[malvolio]

Also, report this to the PCG (doesn't matter if you are a member or not) as it was their own goal that caused this problem and they are in denial about agencies abusing the opt out.

Don't blame the PCG; there are many small companies where opting in will damage their business. The blame lies with the BIS who drafted the exclusion so badly and the agencies for wilfully mis-interpreting the meaning of "introduced" to preserve their own business model. The regs were never meant to apply to freelance contractors, and that was agreed with the PCG at the consultation stage before they were drawn up. Sadly, the wording - as was often the case with Labour-led laws - didn't make that exclusion clear.


And I don't think anyone is in denial about agencies doing anything. Question is, what would you have anyone do about it?

[Rudibus ingenious]

Agent has told me that I either sign the opt out or he will not put me forward

I have read these posts but the agent has told me that I either sign the opt out or he will no put me forward for the role. I told him that this was illegal and he said who says. I said the EAS, he said that if I believed that that I should report him

[malvolio]

I have read these posts but the agent has told me that I either sign the opt out or he will no put me forward for the role. I told him that this was illegal and he said who says. I said the EAS, he said that if I believed that that I should report him

So report him. Contact the EAS at [email protected]. Spoil his Christmas

[quackhandle]

"Prior to submission to any roles, Rullion will give you the option of Opting In/ Out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003."

Yeah, I'm sure they will.

Opt out on submission and then withdraw before starting gig?

qh

[SueEllen]

So report him. Contact the EAS at [email protected]. Spoil his Christmas

Email address doesn't work - you have to use the dog and bone. But it does work -

[psychocandy]

Bit naughty Vector resourcing (bit about AWR). Lucky good old Vector told me this so I can get opted out of those nasty regulations. Im a bit scared about IR35 - whew lucky the agency are looking after me!

Contractors | Vector Resourcing - Expert Technology Recruitment

[Clare@InTouch]

Bit naughty Vector resourcing (bit about AWR). Lucky good old Vector told me this so I can get opted out of those nasty regulations. Im a bit scared about IR35 - whew lucky the agency are looking after me!

Contractors | Vector Resourcing - Expert Technology Recruitment

We see some great comments around why people should opt out of the regs. The latest one I saw was that the agency have clients who insist on a certain restricted period after completion of the job, and if you don't opt-out they are unable to enforce such a long restriction therefore you won't be considered for a role with that client (nice and vague around which clients and how long they would wish to restrict you for in comparison to not opting-out). The fact that a long restriction is unlikely to hold up in Court due to unfair restraint of trade didn't seem to be mentioned at all.

[Cecilbeans]

Hello all, my first post

I'm a newbie both in terms of contracting and this forum but just wanted to reiterate some other posts. I've just spoken to an agent who has stated I need to opt-out before I can be put forward and that if I don't, I will be the ONLY person they have not to have done so.

He says I'm leaving myself open to being an employee and I said that's IR35, not AWR but he said they overlap and that by not opting out I'm less attractive to the client because they have to pay sickness, NI etc but as a Ltd Co, this isn't true?

Sadly I'm not experienced enough to articulate the argument with confidence - having read this thread I'm certain he's not being truthful with me but I don't have the words to rebuttle. So I either opt-out when I don't want to or wait for the next one to come along...

[psychocandy]

Hello all, my first post

I'm a newbie both in terms of contracting and this forum but just wanted to reiterate some other posts. I've just spoken to an agent who has stated I need to opt-out before I can be put forward and that if I don't, I will be the ONLY person they have not to have done so.

He says I'm leaving myself open to being an employee and I said that's IR35, not AWR but he said they overlap and that by not opting out I'm less attractive to the client because they have to pay sickness, NI etc but as a Ltd Co, this isn't true?

Sadly I'm not experienced enough to articulate the argument with confidence - having read this thread I'm certain he's not being truthful with me but I don't have the words to rebuttle. So I either opt-out when I don't want to or wait for the next one to come along...

1. They ALL say you're the only one - its bulltulip.
2. Employee thing/IR35 - bulltulip.

Tell them you'd rather not opt out. I agree that some will push it and you'll have no choice. Not allowed to do this but sometimes you've got to add it all up.