Originally posted by SueEllen
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Previously on "What wording do different agencies use for their opt-outs?"
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Good move. Unfortunately, in my case I no had idea there was any ambiguity until the following year.
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I had agency try that in me a couple of years ago.
I didn't sign it pointing out the clause was ambiguous and the agent must be "confused".
Didn't get the role but didn't care as got another.
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Sorry to be shy - (I am in a delicate legal position and waiting advice)Originally posted by cojak View PostYou first...
My interest is as a newbie who was advised, for IR35 reasons, to sign an opt out which I believed to be of the AWR and which after a quick review made sense (albeit that one does not need to opt out of the AWR). The actual opt-out clause referred to the Agency Employment Regulations. The agent's website had an AWR guide but no mention anywhere of the Conduct Regs
It was much later that I came across the Conduct Regs and a quick review of those told me I would certainly not chose to opt out. Also had I known at the time the effect of the opt out on the contract I would not have opted out
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The only way an Opt Out can be definitely effective and avoiding any interpretation of "Introduction" is if you include the opt out statement, saying both you and YourCo do not with the Regs to apply to any engagement between you and the agency, with your initial application for the role. Assuming, of course, you do want to opt out.
So on that basis, who gives a stuff what the agency wording is? By the time you get it, it's too late to be of any use.
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YesOriginally posted by Sympatico View PostHas an agency supplied you with the wording for opting-out of the conduct regulations?
ExplicitOriginally posted by Sympatico View PostIs the opt out wording explicit or ambiguous?
They vary itOriginally posted by Sympatico View PostDo they have a standard form or do they vary it?
Not in the presentation, because that would be very very silly. But in the negotiation to get to that point, yes, and in the negotiation and contract wording once declined, yes.Originally posted by Sympatico View PostIs there any coercion in the presentation?
It varies.Originally posted by Sympatico View PostIs it a separate opt-out document or combined with other contractual matters?
I doubt that, really - how many different ways can you say "You are opted out"?Originally posted by Sympatico View PostIt would be interesting to see actual examples of how different agencies present their opt-outs.
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You first...Originally posted by Sympatico View PostHas an agency supplied you with the wording for opting-out of the conduct regulations?
Is the opt out wording explicit or ambiguous?
Do they have a standard form or do they vary it?
Is there any coercion in the presentation?
Is it a separate opt-out document or combined with other contractual matters?
It would be interesting to see actual examples of how different agencies present their opt-outs.
Leave a comment:
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What wording do different agencies use for their opt-outs?
Has an agency supplied you with the wording for opting-out of the conduct regulations?
Is the opt out wording explicit or ambiguous?
Do they have a standard form or do they vary it?
Is there any coercion in the presentation?
Is it a separate opt-out document or combined with other contractual matters?
It would be interesting to see actual examples of how different agencies present their opt-outs.
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