Opt out of Conduct of employment agencies 2003 act?

[BolshieBastard]

Ajilon tried it with me - it was only after I rang the client contact on the weekend and said "has the agency told you I won't be there tomorrow?" and then explained why not that it got sorted. Before that, I'd told the agency I wouldn't sign the contract and they said "take it or leave it" assuming I'd back down.

Their main reason (or what they told me, anyway) was that being opted in meant that I could invoice at any stage and get paid, whereas the upper contract said that they had to invoice the client within six weeks or they wouldn't pay it.

Well there you go. You wouldnt take no for an answer and with an offer on the table the agency had to back down.

[D3K]

So I pointed out to my recruiter's compliance team that I didn't think the Opt Out agreement would be valid seeing as I've already started work.

They replied they'd never heard of that before, and asked where I got my information from, so I copy pasted the relevant section of the regulations in an email and sent it to them. Waiting to hear back.

[malvolio]

So I pointed out to my recruiter's compliance team that I didn't think the Opt Out agreement would be valid seeing as I've already started work.

They replied they'd never heard of that before, and asked where I got my information from, so I copy pasted the relevant section of the regulations in an email and sent it to them. Waiting to hear back.

Good move. Perhaps a call to REC would be a good idea as well, they may be delighted to hear of an agency that doesn't understand the Agency Regulations...

[D3K]

Good move. Perhaps a call to REC would be a good idea as well, they may be delighted to hear of an agency that doesn't understand the Agency Regulations...

I'm tempted to just ignore the whole thing and say I want to opt in.

I asked my accountant what would be more beneficial, and he said most contractors opt out because it's more beneficial to them. Near as I can tell, the only real benefit to me is that I might be placed easier since it reduces the paper work etc., but seeing as I already have a contract, that's irrelevant. The other benefit he mentioned is I can exceed standard working hours if I opt out.

My other concern at the moment is I haven't seen a proper contract, despite being at work for almost a month now. I've requested one but the recruiter said I wouldn't get one 'til the first time I'm paid, which seems ridiculous.

[TheFaQQer]

I'm tempted to just ignore the whole thing and say I want to opt in.

I asked my accountant what would be more beneficial, and he said most contractors opt out because it's more beneficial to them. Near as I can tell, the only real benefit to me is that I might be placed easier since it reduces the paper work etc., but seeing as I already have a contract, that's irrelevant. The other benefit he mentioned is I can exceed standard working hours if I opt out.

Your accountant is the wrong person to ask about legal issues regarding the opt out. Unless they understand exactly how you operate (to the level of how you source contracts, what the payment terms are, likelihood of being able to go direct...) then they can't explain why one way or the other is beneficial. I'd also question why they think it's beneficial to opt out for a contractor and what percentage do so - I doubt that my accountant could tell me how many of their clients opt out because it's nothing to do with accounting.

I'm yet to see a convincing argument to opt out - other than the agency saying "we won't put you forward if you don't opt out".

[malvolio]

I'm tempted to just ignore the whole thing and say I want to opt in.

You can't. You're in unless you explicitly and correctly opt out, both as an individual and as a company.

.... The other benefit he mentioned is I can exceed standard working hours if I opt out.

Rubbish, and worrying he doesn't know why. Directors are exempt from the WTD, only employees are in scope and you aren't one.

My other concern at the moment is I haven't seen a proper contract, despite being at work for almost a month now. I've requested one but the recruiter said I wouldn't get one 'til the first time I'm paid, which seems ridiculous.

You do have a binding contract, it's whatever was in place at the point you started work. So, as you say, a bit immaterial now since you can't really change it until renewal. A serious lesson for the future; no signed contract, no start work.

I suggest you rethink your accountant and find one that understands your business properly, and tell us who this idiot agency is so we can all have a laugh at their incompetence.

[D3K]

You can't. You're in unless you explicitly and correctly opt out, both as an individual and as a company.

Yeah that's what I meant.

I'm new to the UK and this recruiter/contractor system is pretty alien to me. Can't say I'm a fan frankly.

[psychocandy]

As I always say (but have not had chance to try myself yet), why waste your time arguing with the agency?

If they truly won't go for it, just opt out, then time it so a letter arrives on their mat the first day of your contract, removing the opt out. All perfectly legal (As long as you withdraw it before you start).

Not going to call you at client site and tell you the deals off are they?

[ckms]

Qdos told me yesterday that I should opt out and I can do so even though I've already been introduced to the client. Not sure having read most of this thread that there is any real advantage in opting out though

[tractor]

...

Qdos told me yesterday that I should opt out and I can do so even though I've already been introduced to the client. Not sure having read most of this thread that there is any real advantage in opting out though

Out if interest, what was their reasoning?