Opt Out

[Mordac]

Really!!?? What difference does it make it you opt-out after meeting
the client...this is what I did. I didn't Opt-Out until a week after starting
the contract.

Believe it or not, the opt-out is therefore not legally valid. You can consider yourself opted-in, if you so wish. Forget about what you signed, it counts for nothing unless you signed before your introduction to the client.
Most (if not all) agents are so utterly clueless about these regulations it beggars belief. Perhaps if they took the time to read (and understand) them...

[magister]

Perhaps you can provide a reference to your claim, so I can
use this later if necessary...

Thanks!

Believe it or not, the opt-out is therefore not legally valid. You can consider yourself opted-in, if you so wish. Forget about what you signed, it counts for nothing unless you signed before your introduction to the client.
Most (if not all) agents are so utterly clueless about these regulations it beggars belief. Perhaps if they took the time to read (and understand) them...

[Mailman]

There's a bloke (we think) called mailman who knows all about this, I am sure it wont be long before he plays his record on this again

On the other hand if you need an opinion on Thatcher then I'm your man

The second post pretty much covered everything i would have said in about 10 paragraphs

Mailman

[Mordac]

Perhaps you can provide a reference to your claim, so I can
use this later if necessary...

Thanks!

You could try googling for "agency regulations". I have a pdf copy but not with me today - there are plenty of electronic versions out there, one is on the DTI webtulipe but you might have trouble finding that one.

[Mordac]

Here's a link to the summary:
http://www.executivesonline.co.uk/ca.../Opt-out-guide

The key text is extracted below:

The opt-out for which PCG lobbied is covered in paragraph (9) of Clause 32 and reads as follows:
“(9) Subject to paragraph (12), paragraphs (1) - (8) shall not apply where a work-seeker which is a company, and the person who is or would be supplied by that work-seeker to carry out the work, agree that they should not apply, and give notice of that agreement to an employment business or agency, provided that such notice is given before the introduction or supply of the work-seeker or the person who would be supplied by the work-seeker to do the work, to the hirer.”

The bit in bold is the bit you need. Any opt-out signed after you started the contract is not valid, and you cannot be bound by it.

If you want a full copy of the regs, you can download them from the Egos website:
http://www.egos.co.uk/FAQ/CEA&EBR_2003_annotated.doc

[Mailman]

The PCG fecked this one up good and proper!

Everyone knows being opted in or out doesnt change your legal status (ie. whether you are ir35 or not) BUT thanks to the PCG we are stuck in the situation where agents still screw people over by lieing to them about opting out.

BAh, I could rant for ages on this but Ill save you all this treat

Mailman