Opt out of Conduct of employment agencies 2003 act?

[No2politics]

Hi guys

I am starting a new contract and I found out about it through colleagues, but had to handle it with an agency to get in the loop (client is not contracting directly these days).

Got the offer from thr client and contract from the agency.

Now the agency requires me to sign opt out form for code of conduct and another form for AWR to state it falls outside IR35. Handcuff clause (no direct business with client) for 12 months after termination. Is this usual or too high?

Should I opt out or remain in for the code of conduct?Might be interested in direct contract or perm position with the client in the future.

I find misleading info in this forun and websites like pcg / accountants

Thanks!

You could try reading the thread then making your mind up.

[northernladuk]

You could try reading the thread then making your mind up.

This.. I do wonder how some people manage to draw their next breath without help.

It's easy for you to ask a bucket load of questions about everything but the answers are not straight forward so far too long to bother with, particularly when it's fairly obvious you haven't lifted a finger to help yourself.

Firstly, try go reading about these things. A quick read of the AWR read will make it very apparent what your situation is.

Secondly if you are still struggling try searching the forums using the method described in the sticky at the top of the Welcome/FAQ section. Handcuffs have been discussed many times and you'll find more AWR loveliness.

When you've done that then you can come and ask a question.

[MrMarkyMark]

I'll give you a little hint, logically, do you think there should be any handcuff clause with an agency that did not find you the work?

Don't break anything while pondering this

[SlipTheJab]

I'll give you a little hint, logically, do you think there should be any handcuff clause with an agency that did not find you the work?

Don't break anything while pondering this

+1 Exactly this.

[SurreyPM]

asking to opt out BEFORE an interview

Asking to opt out before even being sent the wording to read. So basically they are asking me to opt out or they wont submit me for interview!

ReThink Recruitment Solutions Limited (ReThink) are to provide you with contract recruitment services; that is to say we will act as an Employment Business as defined under The Employment Agencies Act (EAA) 1973.

Under Regulation 14 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, ReThink are required to obtain agreement of terms with work seekers before providing them our services and that as a Limited Company contractor you agree to Opt Out of the regulations.

Please reply back to the sender that you are happy to Opt Out of the EAA and happy to be represented by ReThink.

[northernladuk]

Asking to opt out before even being sent the wording to read. So basically they are asking me to opt out or they wont submit me for interview!

ReThink Recruitment Solutions Limited (ReThink) are to provide you with contract recruitment services; that is to say we will act as an Employment Business as defined under The Employment Agencies Act (EAA) 1973.

Under Regulation 14 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, ReThink are required to obtain agreement of terms with work seekers before providing them our services and that as a Limited Company contractor you agree to Opt Out of the regulations.

Please reply back to the sender that you are happy to Opt Out of the EAA and happy to be represented by ReThink.

And? We had a look in to see if this was discrimination or something and there was a bit of confusion with one partying saying they can't do that and another saying it's quite within the agency's rights to decide who they want to deal with. If it's part of their model not to deal with Opt In contractors then so be it. Cojak and SueEllen were the ones chasing it down.

Upshot is you have a simple choice to make if you want the gig or not. Your call.

[SurreyPM]

Thanks - never been asked beforehand in the past.

[MrMarkyMark]

Thanks - never been asked beforehand in the past.

That's because most agencies don't understand the "point of introduction" part of the regs.

[northernladuk]

That's because most agencies don't understand the "point of introduction" part of the regs.

and have a very different take on what 'or supply' means as well which is pretty key but totally grey.

[Sympatico]

Technical points

...The Employment Agencies Act (EAA) 1973.
...
Please reply back to the sender that you are happy to Opt Out of the EAA and happy to be represented by ReThink.

They want you to say that you are happy to opt-out of the Employment Agencies Act 1973 (not the Conduct Regulations 2003).

So that doesn't count (Note: I have happily opted out of the Misrepresentations Act 1967)