Opt out of Conduct of employment agencies 2003 act?

[northernladuk]

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

I wouldn't bother with the former. He probably won't agree as they don't tend to understand it or have a different take on it so would just be an argument and hold things up. The fact he is asking you to sign now kinda shows he doesn't understand. I'd sign and be prepared to evidence it's not valid in the very unlikely event you need to fall back on it.

[looonytunes]

fair comment

thanks all

[Contreras]

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

Neither.

[BlasterBates]

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 agency messed up. If you are covered by the regulations the client needs to be agreeable. They too have obligations.

If you insist on not being opted out then the agency needs to inform the client. It would then be up to the client, but I suspect HR would probably insist on terminating the contract on principle.

Bit of a mess really as the contractor should be informed up front. You can use the legal arguement that opting out after starting the contract isn't valid; I don't know if that really holds water if you sign saying you're really opted out, probably a bit of a minefield legally.

I think you are going to see more and more agencies asking for opt out up front in future. Legally the client needs to be on board.

In the past this has been ignored with the client and agency probably assuming the contractor is opted out, or ignoring it as inconsequential and the contractor assuming he's opted in. Maybe a few burnt fingers are now making both agencies and clients more careful. Obviously with even more regulations this means companies need to take it more seriously.

[Bluenose]

Just to make things more confusing for the un-initiated then, both QDos and SJD recommend opting out.

[FatLazyContractor]

The new agency is trying to convince me to go for an Opt-out and have provided me some bullocks that read as below:

In relation to Ltd company contractors, the majority of our contractors Opt-out of these regulations as this demonstrates that the service agreement is NOT an employment agreement.
Please make sure you actually show our Opt out form to your accountant as it exists different agreements. In case you go forward with the decision we can take the clause from the final contract.
The Opt-Out form is in relation to the EAA regulations. These regulations govern the conduct of employment agencies – and can be found in full online.
The regulations offer a degree of financial and other protection to employees, and are normally in place and applicable for those who work under the direct supervision and control of the end client.
Opting out of the regulations does not remove OUR obligations as an agency.

Wonder what the agency thinks an accountant does

While those statements are not technically wrong, the following points are in my favour:

1. The payment terms are 1 week in arrears. As long as I produce a timesheet (self-billing) they must pay. If they don't I will only lose a week's worth of monies.
2. There will not be a handcuff clause on the contract as I was head hunted by the client and not the agency.
3. If my understanding of 'Introduction to the client' is correct, then Opt out is worthless as I have been there at this client through the same agency a couple of years ago and I have already been 'Introduced' to the client in this contract.

I am planning to stick to my guns and stay Opted-In. Am I being arrogant?

Yes, I have the usual IPSE+ and QDOS TLC35 stuff to keep me 'afloat'.

[psychocandy]

The new agency is trying to convince me to go for an Opt-out and have provided me some bullocks that read as below:



Wonder what the agency thinks an accountant does

While those statements are not technically wrong, the following points are in my favour:

1. The payment terms are 1 week in arrears. As long as I produce a timesheet (self-billing) they must pay. If they don't I will only lose a week's worth of monies.
2. There will not be a handcuff clause on the contract as I was head hunted by the client and not the agency.
3. If my understanding of 'Introduction to the client' is correct, then Opt out is worthless as I have been there at this client through the same agency a couple of years ago and I have already been 'Introduced' to the client in this contract.

I am planning to stick to my guns and stay Opted-In. Am I being arrogant?

Yes, I have the usual IPSE+ and QDOS TLC35 stuff to keep me 'afloat'.

In my experience, they all try all sorts of bollax to try and get you to opt out because it suits them.

This introduction thing is something that, as far as I know hasn't been tested. But they are try and get you to opt out when you get offered the gig whereas in reality its too late to opt out because you've already been introduced to client.

One thing which sounds a laugh but not sure if anyones ever done - opt out then arrange a recorded delivery letter to arrive on their mat the first day you attend site withdrawing opt out. Perfectly valid.

Agent would go nuts of course.

[ManchegoMan]

Hi, I'm about to sign up to my first contract. The agency has given me all the blurb about why Opt Out is more beneficial to me, but having donee the research I am adamant that I will NOT opt out. However, the digital contract that I have been sent to complete and sign has two mandatory signature boxes - one of which is the Opt Out form.

I have sent an email to them stating I will not opt out, but just wondering how they are going to react. I haven't handed in my notice for my permie job just yet but was hoping to do it today.

Any advice would be welcome on this Opt Out pressure.

Btw, great forum and site and truly glad I found it before starting this contracting malarky :-)

Thanks!

[Eirikur]

Got an offer on the table, agency sends me contract which automatically opts me out, despite that I told them twice before I do not want to opt out, asked for a version that doesn't opt me out and they come back with the usual BS that this is very unusual and have to renegotiate their contract with the end client. (can this be true?)
they want me to start tomorrow, so I said you better get the non opt out version asap as I won't be going without a contract.
PS I had the draft contract reviewed for IR35 which came back outside of IR35, it had a tick box in it to opt out or not and was assured that the non opt out version would be exactly the same, which I'm starting to doubt now.

[TheFaQQer]

Got an offer on the table, agency sends me contract which automatically opts me out, despite that I told them twice before I do not want to opt out, asked for a version that doesn't opt me out and they come back with the usual BS that this is very unusual and have to renegotiate their contract with the end client. (can this be true?)
they want me to start tomorrow, so I said you better get the non opt out version asap as I won't be going without a contract.
PS I had the draft contract reviewed for IR35 which came back outside of IR35, it had a tick box in it to opt out or not and was assured that the non opt out version would be exactly the same, which I'm starting to doubt now.

If you've had the draft and were assured it would be the same, you could offer to save the agent some time by completing that one with the correct details, signing it and sending it to the agent to sign.