Contract Restriction!

[Wanderer]

So why are you posting a copyrighted members' only resource on a public forum then?

Bones reproduced a single paragraph of a document which is freely available and the reproduction was done for the purposes of research, private study and criticism as permitted as "Fair Dealing" under United Kingdom law.

HTH

[Contreras]

So why are you posting a copyrighted members' only resource on a public forum then?

I wasn't aware that PCG members were permitted to post copyrighted members' only resource on a public forum. Thanks for the clarification.

[malvolio]

Bones reproduced a single paragraph of a document which is freely available and the reproduction was done for the purposes of research, private study and criticism as permitted as "Fair Dealing" under United Kingdom law.

HTH

Nope, just checked. It's for Members only, as are most of them, so they are not meant to be "freely available" to non-members. I wasn't being entirely serious (hence the smiley) and I suspect they won't be suing anyone though; it's more important that people know these things exist.

That aside, I stand by what I said. Context is important.

[Contreras]

Nope, just checked. It's for Members only, as are most of them, so they are not meant to be "freely available" to non-members. I wasn't being entirely serious (hence the smiley) and I suspect they won't be suing anyone though; it's more important that people know these things exist.

The guides are freely available.

It's good to know that the PCG won't be suing anyone, members or non-members, for posting quotes on a discussion forum.

https://www.google.co.uk/#q=site:pcg...ct+regulations

http://www.pcg.org.uk/sites/default/...de_2013_v2.pdf

[Bones]

Bones reproduced a single paragraph of a document which is freely available and the reproduction was done for the purposes of research, private study and criticism as permitted as "Fair Dealing" under United Kingdom law.

HTH

^^^^^^^^
I agree totally

To clarify the PDF is freely available on Google, which is where I got it.

Ok I got a reply from REC today, they have confirmed that they do supply 'model' contracts suitable for Limited Company Consultants without the opt out clause. They also reaffirmed that you cannot be forced to opt out and suggested that my experience may be grounds to complain and offered me a link to their complaints process. So to be fair full marks to REC.

As I though all along it looks as though the agent I am through decided to only offer one of a pair of contract for opt in or out as a convenient way to force the issue!

I am supposed to be meeting the agent next week so I have a little more ammunition to show why I was right all along and why their legal dept are a bunch of amateurs/crooks!

[Wanderer]

Ok I got a reply from REC today, they have confirmed that they do supply 'model' contracts suitable for Limited Company Consultants without the opt out clause. They also reaffirmed that you cannot be forced to opt out and suggested that my experience may be grounds to complain and offered me a link to their complaints process. So to be fair full marks to REC.

I would up the ante with the agent by filing a complaint with the REC.

If the REC back them then you are probably stuffed but most likely you will find that this bargaining chip will leave the agent feeling very contrite and that this has all been a huge misunderstanding, this was the work of one rogue agent who has been taken away for reprogramming and you can have the IR35 friendly contract even without the opt out....

[Bones]

I would up the ante with the agent by filing a complaint with the REC.

If the REC back them then you are probably stuffed but most likely you will find that this bargaining chip will leave the agent feeling very contrite and that this has all been a huge misunderstanding, this was the work of one rogue agent who has been taken away for reprogramming and you can have the IR35 friendly contract even without the opt out....

I like your style, go straight for the jugular!

To be fair my contract issues have basically been resolved by default. I will have the meeting with them and tell them what REC have said and offered to take on a complaint. I will see if they are apologetic and offer to resolve! Then decide if there is any value in pursuing a complaint.