Opt-Out as pre-condition of contract! Wow!

[SueEllen]

The agent won't post here because he knows he will get bitchslapped.

Since he lacks intelligence don't be surprised if he does.

[malvolio]

He won't agree for me to return on site unless I opt out, I told him about this forum and the posts and he said he has read them, but he said you don't know what you are talking about.

I really don't want him to call the hmrc as he seems really confident

Get him to drop me a PM then. As a founder of the PCG and someone who was involved in the original consultations and the review of the PCG's guide, I'm fairly confident I know the rules rather better than he does. The fine is £50k for a breach of the regulations.



Or, as I said earlier, stop wasting your breath. Ignore him and go over his head. If that doesn't work, tell the client you aren't coming back because his agency is breaking the law.

[Rudibus ingenious]

Get him to drop me a PM then. As a founder of the PCG and someone who was involved in the original consultations and the review of the PCG's guide, I'm fairly confident I know the rules rather better than he does. The fine is £50k for a breach of the regulations.



Or, as I said earlier, stop wasting your breath. Ignore him and go over his head. If that doesn't work, tell the client you aren't coming back because his agency is breaking the law.

Unfortunately, it has just got a lot worse, he said Sue Ellen should stick to acting now that they have revived Dallas and he is now not going to pay my last invoice due to breach of contract. I am now looking at being £10k down

[Rudibus ingenious]

Get him to drop me a PM then. As a founder of the PCG and someone who was involved in the original consultations and the review of the PCG's guide, I'm fairly confident I know the rules rather better than he does. The fine is £50k for a breach of the regulations.



Or, as I said earlier, stop wasting your breath. Ignore him and go over his head. If that doesn't work, tell the client you aren't coming back because his agency is breaking the law.

He is really upset now, he said that Wanderer should leave the law to lawyers, and if his coding is as good as his law he must have been head programmer on the NHS project.

And that Malvolio should be asking whether his masters are mad, but I am a bit confused why he is saying that

[suityou01]

Dear fck wit,

You have been given good advice. You are sadly a sock puppet, and a pretty tulip one at that.

Get back in the laundry basket and **** off.

HTH.

[Rudibus ingenious]

Dear fck wit,

You have been given good advice. You are sadly a sock puppet, and a pretty tulip one at that.

Get back in the laundry basket and **** off.

HTH.

I only came on here for a little assistance, and now I am in hot water with my agent, being threatened with non-payment of my last invoice, being told not to attend site tomorrow and now I am being insulted, by the one person whose comments haven't been helpful in the slightest

[darmstadt]

He is really upset now, he said that Wanderer should leave the law to lawyers, and if his coding is as good as his law he must have been head programmer on the NHS project.

And that Malvolio should be asking whether his masters are mad, but I am a bit confused why he is saying that

On a Sunday afternoon? I don't think so...

[Rudibus ingenious]

On a Sunday afternoon? I don't think so...

He is answering his mobile and making it very clear to me that if I show up at the client site tomorrow, he will sue me and my company for damages for bringing his company into disrepute and he has told me the clauses of my contract that he will sue me under

[suityou01]

He is answering his mobile and making it very clear to me that if I show up at the client site tomorrow, he will sue me and my company for damages for bringing his company into disrepute and he has told me the clauses of my contract that he will sue me under

[Rudibus ingenious]

A lot of people here don't know what they are talking about, to be fair. Have a read of this opt out post and ask him to read section 32(13) of the Agency Conduct Regulations which states:

(13) Neither an agency nor an employment business may make the provision of work-finding services to a work-seeker which is a company conditional upon the work-seeker, and the person who is or would be supplied by the work-seeker to carry out the work, entering into and giving notice of an agreement as referred to in paragraph (9) (the so called "opt out), to the agency or employment business.

The agent is bluffing!

If you let him screw you over then he will keep doing it to others. Stand up to this bully and bring him down a peg or two. Here's how to do it:

Talk to his boss and say "I have chosen not to opt out of The Conduct of Employment Agencies and Employment Businesses Regulations 2003 but Agent X has made it plain to me that this contract is conditional on me opting out. I believe that this is illegal and the agency cannot force me to opt out. Is this correct?"

The agent will come out with a load of spiel about why you should opt out, thank them for this and then state that you do not wish to opt out and then repeat that question above. Keep asking that same question until the give you an answer. If they say they don't know the answer then ask them to escalate it to their company director and tell them you will speak to APSCO/REC (if they are member) and get advice from them.

DON'T let the the bullies win this, they are bang to rights and acting illegally.

Dear Wanderer, thank you for your post and this is what he said, in the unlikely event the conduct regs even apply, he says he can prove that I have both mutual obligations and that because I can't provide a replacement, if I want to argue I am controlled, I might as well write out a fat big cheque to hmrc now