Opt out of Conduct of employment agencies 2003 act?

[psychocandy]

You can always withdraw it later...

Of course, as long as its before you actually start isnt it?

Always thought it would be fun to time it so that withdrawal of opt out lands on mat of agency the day you start at client.

[Eirikur]

Another agency wants me to opt out even before telling me who the client is. It was a clause hidden in an NDA, which they wanted me to sign, I said I'm not signing it and I want to opt in. They have now told me the clientco's name and still don't let me opt in.
They said I can always change it to opt in in the first month. Not sure if that is true at all
Should I walk away?

[TheFaQQer]

Another agency wants me to opt out even before telling me who the client is. It was a clause hidden in an NDA, which they wanted me to sign, I said I'm not signing it and I want to opt in. They have now told me the clientco's name and still don't let me opt in.
They said I can always change it to opt in in the first month. Not sure if that is true at all
Should I walk away?

If they won't let you opt in, then get that in writing and contact the relevant government department about their illegal actions.

[malvolio]

If they won't let you opt in, then get that in writing and contact the relevant government department about their illegal actions.

WHS

And perhaps point out that you can't "Opt In" and you're surprised a professional doesn't know the basics of his own business...

You're in unless you (personally and corporately) choose to opt out and that cannot be part of any conditional offer of work, which is illegal under the Agency Regs themselves. If they try to say they won't put you forward without opting out, then that's restraint of trade which is illegal in its own right.

And just to cheer you up, penalties start with a minimum £50k fine...

[Contreras]

Another agency wants me to opt out even before telling me who the client is. It was a clause hidden in an NDA, which they wanted me to sign, I said I'm not signing it and I want to opt in. They have now told me the clientco's name and still don't let me opt in.
They said I can always change it to opt in in the first month. Not sure if that is true at all
Should I walk away?

Only you can decide how important it is to you. Personally I would say no, but:

If you have, or are close to getting, an offer then the agent won't want to risk their commission either. To this end if you can stall on agreeing/returning the opt-out without making a big fuss about it then that's a valid tactic IMHO.

Also it depends what [ab]use the contract makes of you being opted out. You could agree the op-out and attempt to negotiate away the more unpleasant clauses.

Opt-in is the "do nothing" position, you can only opt out by written agreement. I believe the agreement remains valid for the duration of the subsequent contract. So if you wanted to withdraw the opt out then it would mean terminating the current contract and don't expect the same terms to be offered for a renewal.

[NorthWestPerm2Contr]

Trying to opt in for a gig I am currently looking to line up.

Agent has said that "there are some considerations" that I have to take into account when opting in. Mentions something about proving I am meeting my tax obligations from accountant or something? Has anybody heard of this? What do we have to do from our end when opting in?

Thanks

[malvolio]

Trying to opt in for a gig I am currently looking to line up.

Agent has said that "there are some considerations" that I have to take into account when opting in. Mentions something about proving I am meeting my tax obligations from accountant or something? Has anybody heard of this? What do we have to do from our end when opting in?

Thanks

He's confusing the Agency Conduct Regulations with the recent Onshore Agency Regulations. Tell him you're surprised he doesn't understand the difference (you may not either, but that's not the point) which have nothing to do with the opt out at all. They also don't apply to Ltd Companies like what we use. If it's a public sector gig then such proof may be required, but again that's nothing to do with your opt out. There is a lower burden of proof on the agency if you have opted out, which goes a long way to explaining why they keep pushing that people opt out.

Keep stalling. Once the client thinks you're the one they want, you have a lever to tell the agency to learn their job properly.

[Eirikur]

Just got an offer for a new gig with this in the email:

Before we can draft a contract for you. We need to know if you are working Inside or Outside IR35 “OPT Outside of IR35”, if you OPT Outside you must must sign the OPT out form attached and email back. We will then provide the Corresponding Contract. OUT side IR 35 are people who are self employed rather than PAYE.

And then there was an opt out of the agency regulations form attached.

Told them opting in or out has nothing to do with PAYE or IR35 and I'm opting in whilst staying outside of IR35
(first I'll have a QDOS review ofcourse)

[Bacchus]

Just got an offer for a new gig with this in the email:


And then there was an opt out of the agency regulations form attached.

Told them opting in or out has nothing to do with PAYE or IR35 and I'm opting in whilst staying outside of IR35
(first I'll have a QDOS review ofcourse)

I would be very wary of making a contractual agreement with an organisation so obviously clueless!!

[Wanderer]

We need to know if you are working Inside or Outside IR35 “OPT Outside of IR35”, if you OPT Outside you must must sign the OPT out form attached and email back.

Told them opting in or out has nothing to do with PAYE or IR35 and I'm opting in whilst staying outside of IR35
(first I'll have a QDOS review ofcourse)

What a bunch of jokers they are. Just don't return the opt out form and don't enter into a discussion about your IR35 status with the agency as it is none of their business.

I would ask for a copy of opt out and non opt out contracts so you can compare the two and consider your options.

What we have seen recently is dirty tricks by agencies where they deliberately sabotage your contract to make it fail IR35 if you refuse to opt out.

If they try any stupid tricks then report then as described in this post.