Client insisting on Conduct of Agencies opt-out

[contractor abc]

A bit of a convulated situation. Am working on one team in large financial institution and contract is finishing but have been asked to renew in another team on a simliar but different project through a different agency.

Did not opt out on original contract and after a bit of back and forward with agency they accepted this.

With new contract with second Agency they have stated, in writing, that the client will only take "opt out" contractors for this role and if I want to not opt out they will try to find "alternative opt-in opportunities". I have pushed back to Agency stating that they can't force me to opt out and have spoken with my contact at client who is not too sure about where the client insistance stems from but he has made it obvious that he doesn't want to spend any time/effort looking into this (fair enough) and just wants me to sign the opt out and be done with it.

Not sure where to go with this as don't want to wind up the client but the Agency are basically breaking the law by insisting I opt out. Other consideration is that I obviously have already been introduced to client so opt out prob isn't valid anyway so my thinking is to just sign the opt out, keep schtum safe in the knowledge that it can't be enforced

Any thoughts on any other ways to proceed ?

TIA

[contractoralan]

==

[cojak]

A bit of a convulated situation. Am working on one team in large financial institution and contract is finishing but have been asked to renew in another team on a simliar but different project through a different agency.

Did not opt out on original contract and after a bit of back and forward with agency they accepted this.

With new contract with second Agency they have stated, in writing, that the client will only take "opt out" contractors for this role and if I want to not opt out they will try to find "alternative opt-in opportunities". I have pushed back to Agency stating that they can't force me to opt out and have spoken with my contact at client who is not too sure about where the client insistance stems from but he has made it obvious that he doesn't want to spend any time/effort looking into this (fair enough) and just wants me to sign the opt out and be done with it.

Not sure where to go with this as don't want to wind up the client but the Agency are basically breaking the law by insisting I opt out. Other consideration is that I obviously have already been introduced to client so opt out prob isn't valid anyway so my thinking is to just sign the opt out, keep schtum safe in the knowledge that it can't be enforced

Any thoughts on any other ways to proceed ?

TIA

Legally they are not permitted to do this, IRL it happens. Guidance on amendments to the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the '2003 Regulations') | Policies | BIS

Regulation 32 – Application of these regulations to work-seekers which are incorporated

The regulations automatically apply to work-seekers who are incorporated (i.e. limited company contractors). The regulations also apply to any person who is, or would be supplied by the incorporated work-seeker, to carry out the work.

However, the regulations provide that incorporated work-seekers, and those persons whose services they supply, can agree to opt out of the coverage of the regulations. In order to exercise the opt-out, both the incorporated work-seeker and the person(s) to be supplied to do the work (where appropriate), must give written notice to the agency or employment business that the regulations will not apply before they are introduced or supplied to the hirer.

Regulation 9 of the 2007 Regulations amends regulation 32(9) so that, where an incorporated work-seeker gives notice that the regulations shall not apply, the agency or employment business proposing to introduce or supply that work-seeker to a hirer, must inform that hirer that such an agreement exists and the regulations do not apply.

You can contact BIS with your specific query here. Email us - Business issues | Contact | BIS

[cojak]

The legislation for this is The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Regulation 32)

The Conduct of Employment Agencies and Employment Businesses Regulations 2003

[Zippy]

I may be wrong about this but I believe you can opt back in after you've opted out.
Sign it to keep the client (more likely the agent) happy, after a suitable period opt back in, grass them up as per Cojak's suggestion.
But - is it worth losing the contract over?

[Wanderer]

Legally they are not permitted to do this

And also, to be perfectly clear, in this situation there is no way the worker can actually opt out because they have already been introduced or supplied to the hirer....

Of course, the agency will deliberately misunderstand this and proceed as if the worker had opted out. The law is quite clear but agencies seem to willfully misunderstand it time and time again and this needs to be addressed.

Perhaps the BIS can clamp down on this or perhaps the PCG would like to take it on since it was them who fought so hard for the opt out only to have it abused mercilessly by unscrupulous agencies...

[cojak]

And also, to be perfectly clear, in this situation there is no way the worker can actually opt out because they have already been introduced or supplied to the hirer....

Of course, the agency will deliberately misunderstand this and proceed as if the worker had opted out. The law is quite clear but agencies seem to willfully misunderstand it time and time again and this needs to be addressed.

Perhaps the BIS can clamp down on this or perhaps the PCG would like to take it on since it was them who fought so hard for the opt out only to have it abused mercilessly by unscrupulous agencies...

It's already been brought to their attention (both parties). Whether anything will happen is another matter.

[SueEllen]

It's already been brought to their attention (both parties). Whether anything will happen is another matter.

It depends on how far he wants to push it.

BTW contractor abc I sent you a very long PM of how I dealt with it.

[Scrag Meister]

And also, to be perfectly clear, in this situation there is no way the worker can actually opt out because they have already been introduced or supplied to the hirer....

This is my belief too.

I usually tick the opt out box on contracts knowing I could probably fight as opted-in if needs be, on these grounds, or opted-out if that was preferable. I'm sure that it isn't quite that easy.