Opt out of Conduct of employment agencies 2003 act?

[Wanderer]

This particular bit of legislation was created to protect workers not businesses.

Are we not workers?

[psychocandy]

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!

The general consensus of IR35 experts is that opting out is completely IR35 neutral if thats what you're trying to imply.

Whereas I appreciate that the regs werent made with us contractors in mind I must admit I just don't see the point of signing away rights just to make yourself look cool!

The rules are there - use them to your advantage and dont sign away your rights....

[quackhandle]

Having this "opt-out" discussion now. Having accepted the gig and told agency won't be signing the opt-out form (no mention of this before I met client in the interview), they are very unhappy about it. Tone of voice totally different, pimp stated "So you would be prepared to walk away if [client] are unhappy about this? Wow, never had that before, no one has ever opted in before."



qh

[TheFaQQer]

Having this "opt-out" discussion now. Having accepted the gig and told agency won't be signing the opt-out form (no mention of this before I met client in the interview), they are very unhappy about it. Tone of voice totally different, pimp stated "So you would be prepared to walk away if [client] are unhappy about this? Wow, never had that before, no one has ever opted in before."



qh

Not completely an unexpected line from the agency.

What they won't understand is that it's not valid for you to opt out at this stage, because you've been introduced to the client. You could always point out that it's nothing to do with the client, and if they are forcing you to opt out, then that is something that you would need to highlight to the Department of Business, Innovation and Skills who monitor this kind of thing.

And tell them, yes, you would be prepared to walk if they are prepared to act illegally. Just make sure you have a contact number with the client so you can get your side of the story in first.

[quackhandle]

Many thanks FaQQer. Now being asked for an email stating why I wish to opt in. Have been told the client doesn't have any Opt-in contracts.

And yes, I have number of the client.

qh

[TheFaQQer]

Many thanks FaQQer. Now being asked for an email stating why I wish to opt in. Have been told the client doesn't have any Opt-in contracts.

And yes, I have number of the client.

qh

Assuming that the contract is due to start soon, speak to the client and give them a heads-up that there are some problems because the agency is offering a contract which you can't accept. Tell them that you've never had any problems with an agency before, but the terms just aren't something you can accept, as it would put your insurance at risk (or something similar).

One of the main problems I had years back with an agency was because their agreement to the client said that they needed to invoice within 6 weeks of the work being complete. With me being opted in, I could invoice at any time after the work was complete, and they might not get that money from the client if I waited more than 6 weeks.

Agency told me that was the only contract on the table, I said "should I ring XXX and tell them that I won't be starting, or do you want to do that?", at which point they found a new contract which was agreeable to all of us.

[malvolio]

Many thanks FaQQer. Now being asked for an email stating why I wish to opt in. Have been told the client doesn't have any Opt-in contracts.

And yes, I have number of the client.

qh

Name and Shame. And if you're in the PCG (and if you aren't why aren't you ), let them know. We need to start treading on agencies breaking the rules to suit their own commercial convenience.

[quackhandle]

Not yet, but I will do if this thing escalates. Pimp even stated that PCG would advise me to Opt out!

qh

[psychocandy]

Having this "opt-out" discussion now. Having accepted the gig and told agency won't be signing the opt-out form (no mention of this before I met client in the interview), they are very unhappy about it. Tone of voice totally different, pimp stated "So you would be prepared to walk away if [client] are unhappy about this? Wow, never had that before, no one has ever opted in before."



qh

Bollax. Why would client give a stuff?

[psychocandy]

Not yet, but I will do if this thing escalates. Pimp even stated that PCG would advise me to Opt out!

qh

Bet they dont!