Agencies to avoid....

[AussieDigger]

That's illegal, and they now owe HMG £5000. Report them to the BIS AR Compliance unit.

TEK Systems do that as well - they will not agree to provision a contract until you sign a questionare which states, and is legally binding, that you opt out of the agency and working hours regulations.

When I tried to opt into both, as is my right, the harassed me with calls and emails to wear me down until i did sign . In the end I gave up. Kept a record of the original submissions.

TEK also make you state YES to all questions they ask on their questionnaires which go to your skills and experience (e.g. You guarantee that you have all the skills and experience for the role). Well no one can answer 100% YES to that when the deliverables, project plan, issues, etc etc are all unknown up front. So all you can say is 'Yes, I assure I can do the role within the skills and experience I bring to the role based on my CV and qualifications etc etc'. No way, has to be a YES or NO answer (well clearly NO means you don't get the gig). So when you say YES and aren't allowed to qualify that (keeping in mind you got a 20 minute interview for the role so its hardly much to go on) then answering YES only puts you at risk (and not TEK). Sufficed to say they wear you down on that too. Its all about them, not about fairness or 'good faith' in terms of contract law.


have now reported it to the BIS AR Compliance unit citing bullying and harassing conduct (not to mention unlawful)

[psychocandy]

TEK Systems do that as well - they will not agree to provision a contract until you sign a questionare which states, and is legally binding, that you opt out of the agency and working hours regulations.

When I tried to opt into both, as is my right, the harassed me with calls and emails to wear me down until i did sign . In the end I gave up. Kept a record of the original submissions.

TEK also make you state YES to all questions they ask on their questionnaires which go to your skills and experience (e.g. You guarantee that you have all the skills and experience for the role). Well no one can answer 100% YES to that when the deliverables, project plan, issues, etc etc are all unknown up front. So all you can say is 'Yes, I assure I can do the role within the skills and experience I bring to the role based on my CV and qualifications etc etc'. No way, has to be a YES or NO answer (well clearly NO means you don't get the gig). So when you say YES and aren't allowed to qualify that (keeping in mind you got a 20 minute interview for the role so its hardly much to go on) then answering YES only puts you at risk (and not TEK). Sufficed to say they wear you down on that too. Its all about them, not about fairness or 'good faith' in terms of contract law.

have now reported it to the BIS AR Compliance unit citing bullying and harassing conduct (not to mention unlawful)

The opting out thing - a few agencies try this. Ranges from an email telling me "I've forgotten to fill in the form" to "every other contractor opts out" to "if you dont opt out your inside IR35". Sometimes they keep asking even when you say no thanks.

Even had one who send an arsey email saying I couldn't continue unless I opted out. Then is the time to ignore/screen calls. They are not going to drag you out of a client just because you refuse to opt out. Ignore them.

[northernladuk]

The opting out thing - a few agencies try this. Ranges from an email telling me "I've forgotten to fill in the form" to "every other contractor opts out" to "if you dont opt out your inside IR35". Sometimes they keep asking even when you say no thanks.

Even had one who send an arsey email saying I couldn't continue unless I opted out. Then is the time to ignore/screen calls. They are not going to drag you out of a client just because you refuse to opt out. Ignore them.

They won't drag you out, and it's too late by then anyway, but then can refuse to deal with contractors that don't want to opt out. I'm not sure ignoring them is the best option. I certainly wouldn't even think about jeapordising a potential gig over opt in/out status.

[SueEllen]

The opting out thing - a few agencies try this. Ranges from an email telling me "I've forgotten to fill in the form" to "every other contractor opts out" to "if you dont opt out your inside IR35". Sometimes they keep asking even when you say no thanks.

Even had one who send an arsey email saying I couldn't continue unless I opted out. Then is the time to ignore/screen calls. They are not going to drag you out of a client just because you refuse to opt out. Ignore them.

If you are near the end of the contract politely point out why it is irrelevant.

[SteelyDan]

They won't drag you out, and it's too late by then anyway, but then can refuse to deal with contractors that don't want to opt out. I'm not sure ignoring them is the best option. I certainly wouldn't even think about jeapordising a potential gig over opt in/out status.

Can't remember who it was but there was an agency who clearly stated this on their web site...rightly or wrongly.

[northernladuk]

Can't remember who it was but there was an agency who clearly stated this on their web site...rightly or wrongly.

There is not right or wrong. It's a business decision.

[stek]

Can't remember who it was but there was an agency who clearly stated this on their web site...rightly or wrongly.

Was Lorien I think....?

[SueEllen]

The thing is there are certain sectors where you can't opt out so the agency can tell you you have to opt out but legally it is unenforceable regardless.

Plus even if you are forced to opt out there is nothing stopping you negotiating payment and handcuff clauses.

[cojak]

May I remind posters that the reason this thread still exists is that you have direct experience of these agencies, your posts are based on facts and can provide proof that these facts/events occurred.

Hypothetical conjecture has no place here.

[SeanT]

Hypothetical conjecture has no place here.

How about proven conjecture?