Opting in/out

[WageSlave]

I’d normally post this under the contracts section, but I require a quick answer.

Is it legal for an agency to insist a contractor opt-out? I usually opt-out, but when an agency tells me to do something I normally have the urge to do the opposite. Just wanted to know whether they can blatantly insist on this (obviously they can make sure an uncooperative candidate never goes forward).

Thanks

[Lucifer Box]

Is it legal for an agency to insist a contractor opt-out?

No.

Clue: Opt is an abbreviation for "option", i.e. something that is optional.

[WageSlave]

No.

Clue: Opt is an abbreviation for "option", i.e. something that is optional.

Thought so. But I wanted to check my facts before I fire off an e-mail telling the agent that I don't appreciate such advice!

Thanks.

[Lucifer Box]

Of course, they might not offer you the contract if you don't opt out.

[The Lone Gunman]

It is your choice, in fact the new regs forbid them to make a contract offer dependant on an opt out.

If that is what they have done then tell them you will report them to the DTI.

Obviously, you are not going to be able to prove that that is why you didnt get the contract.
If you have a choice of agents for the position make sure the other knows that the first should not have put you forward and is not operating on your behalf.

If you know who the client is then the agent cant object to you approaching them yourself as they have refused to represent you without an opt out.

[WageSlave]

Gunman, thanks for the advice. To be honest, the contract isn't that fantastic and it's for an agency I've never heard of before (Aqute). So perhaps I'll have a little fun playing the SOB

[The Lone Gunman]

If you are going to play with them then try telling them you are going to do one of the above (another agent or direct) as they are not willing to accept an opted in contractor.

Do you have a copy of the regs? I am sure you could find plenty to play with.

Google for

The Conduct of Employment Agencies and Employment Businesses Regulations 2002

[WageSlave]

Do you have a copy of the regs? I am sure you could find plenty to play with.

I do, but I haven't read them (yes, I know, I find it shocking myself). It's my project for the night; it's Mrs Jenkins at No. 8's bath night, but I'll have to give it a miss.

[super]

Gunman, thanks for the advice. To be honest, the contract isn't that fantastic and it's for an agency I've never heard of before (Aqute). So perhaps I'll have a little fun playing the SOB

I've just had exactly the same with Aqute, thought "I wonder what people are saying about Aqute", searched this forum and look what I found, quoted above. Wasn't impressed, but looks like they're making a habit of telling candidates they *have* to opt-out. I didn't agree and no, it didn't go down well. "We do not deal with people who don't opt out". Wouldn't e-mail me full job spec either. "It's only available if you agree for your CV to be put forward".

[The Lone Gunman]

I've just had exactly the same with Aqute, thought "I wonder what people are saying about Aqute", searched this forum and look what I found, quoted above. Wasn't impressed, but looks like they're making a habit of telling candidates they *have* to opt-out. I didn't agree and no, it didn't go down well. "We do not deal with people who don't opt out". Wouldn't e-mail me full job spec either. "It's only available if you agree for your CV to be put forward".

Report them immediately with copies of email etc to the DTI.