Going direct back to old client - how long can agency tie in for (NOT OPTED OUT)

[psychocandy]

Yes, they are a bit of an insomnia cure.

The relevant part of the Agency Conduct Regulations is Section 10 which is entitled Restriction on charges to hirers and states that a restriction or temp-to-perm fee is unenforceable beyond 14 weeks from the start or 8 weeks from the end of the contract (whichever is longer).

And sorry for calling people bedwetters, I was having a bit of a grumpy moment.

Better have a quick look I guess because client aint got a clue.

[SueEllen]

Better have a quick look I guess because client aint got a clue.

FUD

[DirtyDog]

Better have a quick look I guess because client aint got a clue.

I suspect that the agency haven't either.

[Wanderer]

I suspect that the agency haven't either.

You can't help but suspect that agents are being disingenuous when they suggest that they don't understand a law which has regulated their industry for over 10 years....

A friend was doing business with an agency a while ago and asked that they send her a contract with all the references to "opt out" removed. In fact, she had to get it revised a few times because they kept "accidentally missing" references to the opt out which needed to be removed, then denying that the references were there until they were painstakingly taken through it step by step.

The agent then changed tack and innocently asked why she didn't want to opt out. She just said that she chose not to, that was her prerogative as a director and she didn't want to enter into a debate about it.

So the agent launched into a bunch of provocative questions about what the agency conduct regulations were all about because he didn't know because no one in his experience had ever failed to opt out and he would have to speak to his legal team about this. Agent even went as far as waffling on that his understanding was that a contractor would be an employee of the agency on PAYE if they didn't opt out and he would have to report them to HMRC for IR35 investigation.

Looking up the agent up on linked-in and companies house and it transpires that he had over 20 years experience in recruitment and was the director of the Employment Business.

[psychocandy]

You can't help but suspect that agents are being disingenuous when they suggest that they don't understand a law which has regulated their industry for over 10 years....

A friend was doing business with an agency a while ago and asked that they send her a contract with all the references to "opt out" removed. In fact, she had to get it revised a few times because they kept "accidentally missing" references to the opt out which needed to be removed, then denying that the references were there until they were painstakingly taken through it step by step.

The agent then changed tack and innocently asked why she didn't want to opt out. She just said that she chose not to, that was her prerogative as a director and she didn't want to enter into a debate about it.

So the agent launched into a bunch of provocative questions about what the agency conduct regulations were all about because he didn't know because no one in his experience had ever failed to opt out and he would have to speak to his legal team about this. Agent even went as far as waffling on that his understanding was that a contractor would be an employee of the agency on PAYE if they didn't opt out and he would have to report them to HMRC for IR35 investigation.

Looking up the agent up on linked-in and companies house and it transpires that he had over 20 years experience in recruitment and was the director of the Employment Business.

Yep. Seems to be a common tactic. At first, bulltulip about it and IR35 then if this fails claim you don't really understand it anyway.

I find that if they realise you know the score they dont push it. But, as I'm sure someone has said before, if an agent really pushes it, its sometimes not worth the hassle or losing a gig or even delaying it by a few days just because of the opt out.

Yeh, I know they're not allowed to do it, report them etc but, at the end of the day, its all well and good being right but you want the gig.