Opt out of Conduct of employment agencies 2003 act?

[TheFaQQer]

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

The first is a matter of choice, the second is a matter of law.

I'd disagree with their advice on both counts, though.

[DannyF1966]

I have a question regarding opting out. The agency (which has a four-letter name starting with R) sent me a bunch of paperwork to fill out and send back, one of which was an opt-out form, which I ignored. They called and asked where it was, and I said I wasn't opting out. We have another couple of phone calls about this and eventually they seemed to accept this and dropped the matter. I asked for a copy of the contract so I could get it reviewed, they emailed across some terms and conditions. As yet I've not seen the actual schedule which lists dates/notice period etc.

The terms and conditions say that I've opted out, and also say that the agency can refuse to pay me until they get paid from the client. I want these clauses removed, but they say it's the only version of the terms and conditions they use, and they're the same whether I'm opted out or not.

Is this a way of sneakily getting me to opt out? What situation will I be in if I don't opt out but accept contract terms and conditions saying that I have?

Should I tell the agency that I'm not signing the contract because I don't accept the terms and conditions attached to it, and see if they change their minds? I'm prepared to actually walk away if they refuse to budge, even though the contract is very lucrative for me. I've had other agencies call me asking if I'm available and I've been telling them I've got something in the pipeline, so I'm reasonably confident of finding something else soon anyway.

[Contreras]

I have a question regarding opting out. The agency (which has a four-letter name starting with R) sent me a bunch of paperwork to fill out and send back, one of which was an opt-out form, which I ignored. They called and asked where it was, and I said I wasn't opting out. We have another couple of phone calls about this and eventually they seemed to accept this and dropped the matter. I asked for a copy of the contract so I could get it reviewed, they emailed across some terms and conditions. As yet I've not seen the actual schedule which lists dates/notice period etc.

The terms and conditions say that I've opted out, and also say that the agency can refuse to pay me until they get paid from the client. I want these clauses removed, but they say it's the only version of the terms and conditions they use, and they're the same whether I'm opted out or not.

Is this a way of sneakily getting me to opt out? What situation will I be in if I don't opt out but accept contract terms and conditions saying that I have?

Should I tell the agency that I'm not signing the contract because I don't accept the terms and conditions attached to it, and see if they change their minds?

Tell them you need to get the contract reviewed, in full, i.e. including the schedule and that the review will take a few days so they need to be on the hurry up. Until you have the schedule don't sign because who knows what devils it might contain. Once you have the schedule, have it amended to exclude the clauses in the main contract that you are not happy about.

Try not to get bogged down arguing about the opt-out. Next time you might consider stalling on requests to comply with tick box exercises until a full contract has been supplied and amended to your liking.

[DannyF1966]

Tell them you need to get the contract reviewed, in full, i.e. including the schedule and that the review will take a few days so they need to be on the hurry up.

Have received the schedule this afternoon so sent everything off to QDos for 24-hour review. I thought the agency would delay things and not actually send me the schedule until Friday so I wouldn't have time to get it reviewed, so the fact it arrived in the email today surprised me a little. Will see what QDos say about it all.

[looonytunes]

started a new contract and have been there for two weeks

now the agency, who missed the fact that I didnt opt out, are claiming that unless I do I am at risk of being fired as the client only accepts those with a limited company who have opted out

scare tactics or has anyone known of a client who would have such a stance?

Im of the opinion its just the agency trying to bully me into it as it makes their life easier. Also, is all of this null and void, as Ive already started, and the opt in / opt out must be agreed prior to services being provided (by me) ?

[malvolio]

started a new contract and have been there for two weeks

now the agency, who missed the fact that I didnt opt out, are claiming that unless I do I am at risk of being fired as the client only accepts those with a limited company who have opted out

scare tactics or has anyone known of a client who would have such a stance?

Im of the opinion its just the agency trying to bully me into it as it makes their life easier. Also, is all of this null and void, as Ive already started, and the opt in / opt out must be agreed prior to services being provided (by me) ?

The regs are clear, you can't opt out once you've been introduced to the client, no matter how you interpret that word.

Report the agency to BIS's AER Enforcement unit. Let them worry about what the client has or hasn't said to the agency.

[looonytunes]

thanks for the quick reply chap

So lets say I do sign it and as its is immaterial due to already working there, what will the impact be - will the agency now have to fulfil the administrative ( not sure what they are by the way) burden on them for contractors who are not opted out

And is there onus on me to do anything, reporting wise?

[malvolio]

thanks for the quick reply chap

So lets say I do sign it and as its is immaterial due to already working there, what will the impact be - will the agency now have to fulfil the administrative ( not sure what they are by the way) burden on them for contractors who are not opted out

And is there onus on me to do anything, reporting wise?

You'll get lots of emails about proving proof if identity and other nonsense if the agency bother to do what they have to do to meet the regs: why do you think they want you to opt out? The other stuff won't matter a damn unless something goes wrong with the contract like you don't get paid or want to go direct.

As I've said before, one option is to sign up and then ignore. If it goes tits up then take them to court.

[Contreras]

started a new contract and have been there for two weeks

now the agency, who missed the fact that I didnt opt out, are claiming that unless I do I am at risk of being fired as the client only accepts those with a limited company who have opted out

scare tactics or has anyone known of a client who would have such a stance?

Im of the opinion its just the agency trying to bully me into it as it makes their life easier. Also, is all of this null and void, as Ive already started, and the opt in / opt out must be agreed prior to services being provided (by me) ?

Scare tactics. Ignore and the agent will get bored asking eventually. It's unlikely that the client knows anything about it. It's very unlikely the agent would risk their commission over it.

If the client does have a view then it will be due to tulip from the agency about how opt-out infers employment rights, which it doesn't, and really the agent would only try pressing that during candidate selection.

Personally, if the client is happy with your work so far then I wouldn't even entertain a discussion about it just keep invoicing.

[looonytunes]

last one.
Think its worth pointing out to the agent that opt out is null and void, or sign it and play along

pride says former, head says latter