Originally posted by eek
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Reply to: When the client is not the client
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Previously on "When the client is not the client"
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Originally posted by SimonMac View PostHmmmm, just seen the role has been re-advertised by the agent, guess I have pissed him off
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Hmmmm, just seen the role has been re-advertised by the agent, guess I have pissed him off
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Originally posted by northernladuk View PostDon't forget the rule is introduction or supply and the agencies are taking that line so in their eyes you can still be asked to opt out. I was reading a resource page on the Lorien site that clearly explained that you go for interview, get the gig and then can opt out. I can't find it to save my life now sadly but anyway, there is no case law and the wording is wooly enough for the agents to think they have a case.
Unsure whether I would take Lorien as a golden source.
Agree totally it is all pretty wooly and nothing is proven in case law.
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Originally posted by GB9 View PostFrom what I understand, you are inside the agency regs. You have been introduced, interviewed, offered. The only thing you haven't done is have a quickie with the CEO. Asking you to opt out now should be irrelevant.
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Originally posted by GB9 View PostFrom what I understand, you are inside the agency regs. You have been introduced, interviewed, offered. The only thing you haven't done is have a quickie with the CEO. Asking you to opt out now should be irrelevant.
Agree on your other points, however.
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From what I understand, you are inside the agency regs. You have been introduced, interviewed, offered. The only thing you haven't done is have a quickie with the CEO. Asking you to opt out now should be irrelevant.
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Originally posted by SimonMac View PostIf the end client was a multi billion pound constituent of the FTSE 100 I would say there is no problem too great that couldn't be sorted out, but seeing as its a 18 month old "consultancy" with more liabilities than assets I think I am right to be a little more cautious.
Just send an email back saying
If it put's their hackles up I know it could be problematic and will continue the other irons in the fire still, if they brush it off as no worries I am happy to continue
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Originally posted by eek View PostMy guess is that a solicitor's letter stating that the clause was not been correctly implemented (prove otherwise) results in most agencies paying up....
I also suspect that not many people actually have problems that end up with the client not paying and those that do end up in that position are so bad that they don't bother chasing...
Just send an email back saying
Obviously this adds a small extra degree of risk given the relatively young age of the company, this means I will not be opting out of the The Conduct of Employment Agencies and Employment Business Regulations 2003
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Originally posted by northernladuk View PostErm, I'll probably get this wrong and I should have searched but I thought if you had the correct opt status then the clause is invalid, like the handcuff clause for example. I'd have to check that though.
EDIT : OK I folded and did a search.
EDIT 2 : Agents are so bad at understanding the opt in/out situation it isn't a golden bullet. You are going to be in for a fight if they don't want to pay. I don't believe there is any case law over this yet. Hopefully that's because they are held bang to rights and it never goes that far. Leaving the term in and relying on your opt in status isn't ideal.
I also suspect that not many people actually have problems that end up with the client not paying and those that do end up in that position are so bad that they don't bother chasing...Last edited by Contractor UK; 12 October 2018, 21:44.
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