Opt out of Conduct of employment agencies 2003 act?

[Wanderer]

Check this out:

Payment calendar 2012-13 - ReThink Recruitment

Note the 2nd to last paragraph at the bottom of the page:

Isn't this illegal?

Yes.

Regulation 32(9) of the The Conduct of Employment Agencies and Employment Businesses Regulations 2003 allows a worker who is incorporated as a LTD company to agree that the regulations shall not apply to the engagement, the so called "opt out".

However Regulation 32(13) states:

Neither an agency nor an employment business may make the provision of work-finding services to a work-seeker which is a company conditional upon the work-seeker, and the person who is or would be supplied by the work-seeker to carry out the work, entering into and giving notice of an agreement as referred to in paragraph (9), to the agency or employment business.

Sounds like a clear breach to me, though the agency in question can't even get the name of the legislation correct so what hope do we have of them actually abiding by it?

[SueEllen]

I reckon. Whos going to report them? Should be fun.

The more people that complain the better.

And the more people who complain when ReThink refuse to deal with them when opted-in the better.

[psychocandy]

The more people that complain the better.

And the more people who complain when ReThink refuse to deal with them when opted-in the better.

But thats it though. They know that if they get someone a contract a high percentage will either cave or they'll believe the bulltulip.

[SueEllen]

Check this out:

Payment calendar 2012-13 - ReThink Recruitment

Note the 2nd to last paragraph at the bottom of the page:



Isn't this illegal?

I received an email from someone at the Department of Business today.

In short the Department of BIS is not happy about it particularly as they never give any business advice as stated on the page about how to conduct their affairs, but posting this misleading information is not something they can deal with as it's outside their remit.

They can deal with contractors who use Rethink and complain about being forced to opt-out but they must complain to them.

Due to where it's posted on the website looks like the only people who can deal with it is Trading Standards. However all it will do is like some other known agencies is make the agents who work for them more sneaky in their conduct.

[cojak]

I received an email from someone at the Department of Business today.

In short the Department of BIS is not happy about it particularly as they never give any business advice as stated on the page about how to conduct their affairs, but posting this misleading information is not something they can deal with as it's outside their remit.

They can deal with contractors who use Rethink and complain about being forced to opt-out but they must complain to them.

Due to where it's posted on the website looks like the only people who can deal with it is Trading Standards. However all it will do is like some other known agencies is make the agents who work for them more sneaky in their conduct.

Actually I did the same and got a totally different response from the Head of the Department, so who knows?

http://forums.contractoruk.com/accou...ntractors.html

[SueEllen]

Actually I did the same and got a totally different response from the Head of the Department, so who knows?

I think it's more of a case they cannot be bothered to do anything unless a load of us start complaining particularly via our MPs every time an agency does something wrong.

[dave_m13]

Hi All

Just a quick question, I have been reading through the thread, obviously not all of it, I remember doing so 2-3 years ago. I have been a contractor previously but have always opted in, never signed opted out. Just about to start again, had all the agent go through all the opted out information and why its outside IR35 etc etc. I said I still do not wish to sign, so they are sending through the opting in contract for me to sign.

I have now received it with the header of the following

"TERMS OF ENGAGEMENT WITH A LIMITED COMPANY CONTRACTOR WHO HAS NOT OPTED OUT OF THE CONDUCT REGULATIONS (WITHIN IR35)"

Now I am a little concerned that they have "Within IR35" within the title. Any thoughts

[northernladuk]

Hi All

Just a quick question, I have been reading through the thread, obviously not all of it, I remember doing so 2-3 years ago. I have been a contractor previously but have always opted in, never signed opted out. Just about to start again, had all the agent go through all the opted out information and why its outside IR35 etc etc. I said I still do not wish to sign, so they are sending through the opting in contract for me to sign.

I have now received it with the header of the following

"TERMS OF ENGAGEMENT WITH A LIMITED COMPANY CONTRACTOR WHO HAS NOT OPTED OUT OF THE CONDUCT REGULATIONS (WITHIN IR35)"

Now I am a little concerned that they have "Within IR35" within the title. Any thoughts

Read the whole thread? Read up on IR35?

[dave_m13]

Thanks, I now have.

I still am not signing the opt out as I know it does not really have any implications for being within
IR35. I do not consider myself being within IR35 either, however this contract has it stated that the contract is within IR35 just because I did not want to sign the opt out or does that not matter at all? It is only the title that I see within IR35.

[Willapp]

Thanks, I now have.

I still am not signing the opt out as I know it does not really have any implications for being within
IR35. I do not consider myself being within IR35 either, however this contract has it stated that the contract is within IR35 just because I did not want to sign the opt out or does that not matter at all? It is only the title that I see within IR35.

I would seriously question the agency on this wording. It seems to me like they're trying to imply that you will be inside IR35 simply due to your refusal to opt-out, when we all know that opt-in/out status has little or no bearing on IR35. Give them a call or email and question why the agreement is headed in such a way and state that you aren't aware that your refusal to opt-out gives you IR35 status and therefore the wording should be removed. Or else remove the wording yourself and sign the amended agreement.