Opt out of Conduct of employment agencies 2003 act?

[craig1]

OMG. My agency never gets the message....

I've been in contract now for three months and this is the 3rd email advising me that I have 'forgotten' to return the signed opt out form and please can I complete it. I've already told them twice that I dont intend to sign it....

And its totally invalid now anyway since its a long time since I was introduced to the client !!!

Cross it through and print in bold "Returned Unsigned" with your name and company position. Allows them to tick the box of "returned sheet" and stops them pestering you. Path of least resistance...

[reach4thelasers]

Don't opt out

You have nothing to gain from opting out. That law was put in place to prevent recruitment consultants from abusing contractors.

My last contract had a clause stating "You are not allowed to work for the client directly aside from going via the recruitment agency". Yet The Conduct of Employment Agencies Act basically states that "employment agencies cannot prevent the contractor from working directly for the client"

So basically what they wrote in my contract (and what they write in a lot of contacts) was unenforceable in the eyes of the law. NOTHING that anyone writes in a signed contract can supersede the laws that are forged on our behalf in British parliament and endorsed on behalf of Her Majesty the Queen. UNLESS the law has an opt-out clause and you invoke your right to opt out.

That law is to prevent bad conduct by employment agencies, and there to protect us from them.

Don't sign - you have nothing to gain but employment agencies have a lot to gain - total control of you and the ability to write whatever they want in their contracts and have it stand up in court.

NEVER OPT OUT - those laws are there to protect you.

[Bryn Rogers]

I started a contract this week with Elan, I didnt sign the Opt-Out clause due to all my reading on here. This partcular gig is a 'Professional working day' of 8 hours, no more needed. There also is a provision of overtime in 4 or 8hr chunks that can be done anytime when available.

Got a call from the agency today telling me that if I dont Opt-Out I cant do any of this available overtime. I have engaged with the client so the Opt-Out clause wont stand, but what about this overtime malarkey?

Cant see anything mentioned about this in the thread anywhere, so bullsh1t or fact?

[SueEllen]

I started a contract this week with Elan, I didnt sign the Opt-Out clause due to all my reading on here. This partcular gig is a 'Professional working day' of 8 hours, no more needed. There also is a provision of overtime in 4 or 8hr chunks that can be done anytime when available.

Got a call from the agency today telling me that if I dont Opt-Out I cant do any of this available overtime. I have engaged with the client so the Opt-Out clause wont stand, but what about this overtime malarkey?

Cant see anything mentioned about this in the thread anywhere, so bullsh1t or fact?

They are talking bullsh*t.

The reason they mentioned overtime is the Working Time Directive but that has nothing to do with IR35, as permies are allowed to opt-out of the Working Time Regulations.

You can't opt-out if you are already on site so ignore them.

[Wanderer]

Got a call from the agency today telling me that if I dont Opt-Out I cant do any of this available overtime. I have engaged with the client so the Opt-Out clause wont stand, but what about this overtime malarkey?

They are talking bulltulip. Ignore this stupidity.

If the client wants you to do overtime and is willing to sign off the timesheets for it then away you go, it's got f-all to do with the agency and even less to do with opt-in/out.

[psychocandy]

I started a contract this week with Elan, I didnt sign the Opt-Out clause due to all my reading on here. This partcular gig is a 'Professional working day' of 8 hours, no more needed. There also is a provision of overtime in 4 or 8hr chunks that can be done anytime when available.

Got a call from the agency today telling me that if I dont Opt-Out I cant do any of this available overtime. I have engaged with the client so the Opt-Out clause wont stand, but what about this overtime malarkey?

Cant see anything mentioned about this in the thread anywhere, so bullsh1t or fact?

Bulltulip beyond belief here !!!!!

[TheFaQQer]

I started a contract this week with Elan, I didnt sign the Opt-Out clause due to all my reading on here. This partcular gig is a 'Professional working day' of 8 hours, no more needed. There also is a provision of overtime in 4 or 8hr chunks that can be done anytime when available.

Got a call from the agency today telling me that if I dont Opt-Out I cant do any of this available overtime. I have engaged with the client so the Opt-Out clause wont stand, but what about this overtime malarkey?

Cant see anything mentioned about this in the thread anywhere, so bullsh1t or fact?

Twaddle.

If there is something in the contract to pay overtime, and the client will pay overtime, then do the overtime and bill for it.

Of course, you could just sign the opt out now, since it won't make and difference to the reality of the situation apart from making things a little easier with the agency if you do any overtime.

Failing that, don't do any overtime, and enjoy life more.

[Taita]

You're aware that REC is an agents trade body aren't you? Do you honestly believe what agents say?
Agents desperately want you to Opt Out and will resort to all sorts of devious and underhanded nonsense including outright lies to achieve it, however 95% of the time they don't do it correctly so it's rarely valid anyway.
Do a search on Opt Out and you will find loads of info. Highlights (if memory serves) being:-

1. If you've got a signed timesheet the agent can't refuse to pay you, same is true if the client goes bust.
2. Contract clauses that prevent you returning to a client of theirs direct or via another agent for a period greater than 8 weeks aren't allowed.

Opting Out is unwise.

Make up your mind you are either a "look like" employee or you are a business. Opt out if you want to be the latter......if an agency decides not to pay you you still have to sue... employment regs do not negate that.

[Wanderer]

Make up your mind you are either a "look like" employee or you are a business. Opt out if you want to be the latter......

Why would a business sign away their statutory legal protections? That's just not good business sense. I don't give a stuff if it was put there for "vulnerable workers" or whatever. The protection exists under law and as a business person I'm entitled to and will make use of that protection. I don't see that taking unnecessary risks makes you more of a business.

if an agency decides not to pay you you still have to sue... employment regs do not negate that.

If you opt out then they agency will put a clause in the contract that they don't pay until the client does. If the client can't or won't pay then you don't get paid, end of story. You can sue the agency for breach of contract but you will lose because there has been no breach of contract.

If you refuse to opt out then terms like this in the contract are illegal and unenforceable. The agent has to underwrite the risk that the client doesn't or can't pay and will have to pay you anyway. If they don't then you can of course follow this up with legal action to recover the debt.

[Taita]

Why would a business sign away their statutory legal protections? That's just not good business sense. I don't give a stuff if it was put there for "vulnerable workers" or whatever. The protection exists under law and as a business person I'm entitled to and will make use of that protection. I don't see that taking unnecessary risks makes you more of a business.



If you opt out then they agency will put a clause in the contract that they don't pay until the client does. If the client can't or won't pay then you don't get paid, end of story. You can sue the agency for breach of contract but you will lose because there has been no breach of contract.

If you refuse to opt out then terms like this in the contract are illegal and unenforceable. The agent has to underwrite the risk that the client doesn't or can't pay and will have to pay you anyway. If they don't then you can of course follow this up with legal action to recover the debt.

This particular bit of legislation was created to protect workers not businesses. To prove your case that the agency is including clauses which are illegal and unenforceable you still have to sue.

So opt out, hold your head high as a contractor and take your chances as any business does rather than posing as an employee when you want the other advantages of being a contractor!