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Previously on "What wording do different agencies use for their opt-outs?"

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  • Sympatico
    replied
    Originally posted by SueEllen View Post
    I didn't sign it pointing out the clause was ambiguous .
    Good move. Unfortunately, in my case I no had idea there was any ambiguity until the following year.

    Leave a comment:


  • SueEllen
    replied
    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.

    Leave a comment:


  • Sympatico
    replied
    Originally posted by cojak View Post
    You first...
    Sorry to be shy - (I am in a delicate legal position and waiting advice)

    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

    Leave a comment:


  • malvolio
    replied
    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.

    Leave a comment:


  • TheFaQQer
    replied
    Originally posted by Sympatico View Post
    Has an agency supplied you with the wording for opting-out of the conduct regulations?
    Yes

    Originally posted by Sympatico View Post
    Is the opt out wording explicit or ambiguous?
    Explicit

    Originally posted by Sympatico View Post
    Do they have a standard form or do they vary it?
    They vary it

    Originally posted by Sympatico View Post
    Is there any coercion in the presentation?
    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 Post
    Is it a separate opt-out document or combined with other contractual matters?
    It varies.

    Originally posted by Sympatico View Post
    It would be interesting to see actual examples of how different agencies present their opt-outs.
    I doubt that, really - how many different ways can you say "You are opted out"?

    Leave a comment:


  • cojak
    replied
    Originally posted by Sympatico View Post
    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.
    You first...

    Leave a comment:


  • 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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