Opt out of Conduct of employment agencies 2003 act?

[malvolio]

I'll be opting in then, if it goes ahead..

You can't opt in, you're in unless you opt out.

[Steelman]

ALWAYS OPT IN so you can get your unpaid invoices back!!

ALWAYS opt in, no matter what anyone says.

My mate had a case with an unscrupulous consultancy in the UK, I think they were called <mod snip, if you can't remember there's no point posting the wrong name!> can't quite remember.

Anyhoos they didn't pay him the last invoice but because he opted out he could not pursue them for the money under employment agency law. Apparently there is a government agency that will purseue your case for free if you opt in - I think it is the Department of BIS or something like that - employment agencies standards? So he was pretty peeved when he found out that if he had opted in to begin with, he would have had this option. I think in the end he had to pay for small claims which of course cost him money.

Worth remembering!

[TheFaQQer]

ALWAYS opt in, no matter what anyone says.

As Mal says above, you don't opt in. You are always in unless you opt out, which is an important difference.

My mate had a case with an unscrupulous consultancy in the UK, I think they were called <mod snip, if you can't remember there's no point posting the wrong name!> can't quite remember.

If they are a consultancy, and there is no agency in place, then the agency regulations don't apply.

If you mean they were an agency, then that's a different matter.

Apparently there is a government agency that will purseue your case for free if you opt in - I think it is the Department of BIS or something like that

Any link to anything which says that they will pursue your case for you - not heard of this. BIS will look into any complaint against the agency, but to say that they will pursue your case implies that they will help fight for your money for free, which is very different.

[SueEllen]

Steelman :

1. If a client doesn't pay you chase them through the courts. It doesn't matter whether you are opted in or out the procedure is the same.

2. All the BIS do is contact the agency with the allegations. The contact is normally enough to make the agency behave. If there are numerous complaints about an agency than their offices can be raided.

[monkfish]

FFS!

When will agencies learn! Just had discussion with pimp over an interesting contract. All over the phone,

Pimp: "I just need you to reply to my email for opting out"
Me: "Opt out of what?"
Pimp: "The Working Time Directive"
Me: "Oh right, thats between me as an employee of my Company and my Company as an Employer, nowt to do with you"
Pimp: "Well the client won't accept candidates unless they opt out of the Conduct of Employment Agencies"
Me: "Hmm, somewhat different from WTD. Never mind, Its unlawful for you to state that. The client won't care. I won't be opting out and you WILL be putting my CV forward"
Pimp (probably already shredding CV) sniggering: "Yeah right"

After some time on the bench I really feel like going after them. Its simply not on what they are doing.
Now, where did I put that telephone number for the client, think I might give them the heads-up on what their agency are doing. Grr.

[donjuan75]

Anyone ever had an offer withdrawn by agency for insisting on remaining opted in?

[eek]

Anyone ever had an offer withdrawn by agency for insisting on remaining opted in?

Pass but just agree to the opt out.

and reverse it by email back to an "opt in" as you walk into the client on day 1.

[donjuan75]

Pass but just agree to the opt out.

and reverse it by email back to an "opt in" as you walk into the client on day 1.

I like it! I will do that.

[TheFaQQer]

Anyone ever had an offer withdrawn by agency for insisting on remaining opted in?

Very, very, very nearly.

Only when I said that I'd explain to the client did the approach change. Cost me a week of work.

[donjuan75]

Very, very, very nearly.

Only when I said that I'd explain to the client did the approach change. Cost me a week of work.

Got them to remove the clause finally about an hour ago.