Opt out of Conduct of employment agencies 2003 act?

[LadyInRed]

I can't believe what an agency has just sent me via email,

to paraphrase (I'll post the exact wording if the site admin allow it):

They wanted to make it transparent, that if I choose to use their 'opt in' contract that the MOO, D&C and RoS clauses would all be removed.

Blackmail much?!

[tractor]

I can't believe what an agency has just sent me via email,

to paraphrase (I'll post the exact wording if the site admin allow it):

They wanted to make it transparent, that if I choose to use their 'opt in' contract that the MOO, D&C and RoS clauses would all be removed.

Blackmail much?!

Agents are normally too canny to make this kind of 'offer' in writing. I would send it to Vince Cable. If they are members of REC or APSCO, I would send it there too.

Have you already been introduced? If so, the opt out is invalid. So you could just comply, keep the MOO, D & C and RoS clauses, keep all your evidence in case it goes bad. I think relying on an invalid Opt Out is risky though even though I don't think it has been tested at court.

They should be named and shamed tho. I am quite happy for you to PM if Admin won't allow it

[malvolio]

I can't believe what an agency has just sent me via email,

to paraphrase (I'll post the exact wording if the site admin allow it):

They wanted to make it transparent, that if I choose to use their 'opt in' contract that the MOO, D&C and RoS clauses would all be removed.

Blackmail much?!

And please send a copy of the email anyway to PCG for the attention of the lobbying team. Every little helps...

[LadyInRed]

Ironically, this agency are members of REC, APSCO and PCG Affiliates!

I've just had a good chat with PCG.

I have already been introduced through an interview on client site, I am awaiting the email with the actual "opt-in" contract to arrive, the agency bods (I've had to speak to many of them to get this request through) have been dragging their heels for a while now.

[Poker space]

I went for an interview, got offered the role. I then got an email asking me to opt out. I said I would not like to opt-out.
I was then told that the agency does not deal with contractors who opt-in - they only have opt-out contracts.
I doubt this is legal so I have received an opt out contract and will sign it on the basis they asked me to opt-out after the introduction.

Anyone disagree? Is it worth pushing back on?

[malvolio]

I went for an interview, got offered the role. I then got an email asking me to opt out. I said I would not like to opt-out.
I was then told that the agency does not deal with contractors who opt-in - they only have opt-out contracts.
I doubt this is legal so I have received an opt out contract and will sign it on the basis they asked me to opt-out after the introduction.

Anyone disagree? Is it worth pushing back on?

What they are doing is illegal - you can't make the opt out a condition of an offer - so report them to the EAI unit at BIS (that's this lot , email is eas@bis.gsi.gov.uk) and tell your client why you can't work with their idiot agency. That might get someone's attention. Then be prepared to walk away.

[kal]

What they are doing is illegal - you can't make the opt out a condition of an offer - so report them to the EAI unit at BIS (that's this lot , email is eas@bis.gsi.gov.uk) and tell your client why you can't work with their idiot agency. That might get someone's attention. Then be prepared to walk away.

Is it really worth walking away from a contract for something like this, I would say no. Agree its not cricket but its the real world we all live in...

[BolshieBastard]

What they are doing is illegal - you can't make the opt out a condition of an offer - so report them to the EAI unit at BIS (that's this lot , email is eas@bis.gsi.gov.uk) and tell your client why you can't work with their idiot agency. That might get someone's attention. Then be prepared to walk away.

LOL! That'll be as productive as all the government and vetting agency noise about non security cleared contractors being submitted for sc roles!

I was personally not submitted for a role by Rullion because I insisted on being opted in. The pimp was keen to submit but said he'd have to check with the account manager. He called me back and asked why I wanted to be opted in. I said I understood I didn'tneed a reason.

He said to leave it with him. Of course, that was the last I heard about this suitable role.

[malvolio]

LOL! That'll be as productive as all the government and vetting agency noise about non security cleared contractors being submitted for sc roles!

I was personally not submitted for a role by Rullion because I insisted on being opted in. The pimp was keen to submit but said he'd have to check with the account manager. He called me back and asked why I wanted to be opted in. I said I understood I didn'tneed a reason.

He said to leave it with him. Of course, that was the last I heard about this suitable role.

Yeah well, the one sure way to make sure nothing happens is to do nothing. some of us prefer to take action and if more people understood the rules and the remedies available to them, we wouldn't be in this mess in the first place. But until contracting is no longer driven by amateurs on one side and charlatans on the other, nothing will change.

[Poker space]

What they are doing is illegal - you can't make the opt out a condition of an offer - so report them to the EAI unit at BIS (that's this lot , email is eas@bis.gsi.gov.uk) and tell your client why you can't work with their idiot agency. That might get someone's attention. Then be prepared to walk away.

If I had a war chest to rely on and years of gigs behind me I would do this, but I'm only a couple of contracts in so unfortunately I'm going to go with the opt-out contract, pending review.