Regulation 10 - Opted in, handcuff?

[LondonManc]

This is a classic case of "it depends".

Key variables:
1/ Are you the only contractor through that agency or are there many? If there are many, you're on thin ice. If you're the only one, client could well bin the agency off completely and the handcuff would be null and void. If you're one of many, you'll most likely lose as the client-agency supply chain is strong.

2/ Would your hiring manager go into bat for you against the agency? Just like you the agency want as much money as they can from the client and will avoid upsetting hiring managers.

3/ How much does it matter that the agency is in the chain? What's your reason for binning them off? Is it enough to risk the contract for?

[northernladuk]

That's a very wishy washy answer. Regulation 10 reads pretty clear to me, surely this would override any business contract arrangement because it would have been made in breach of that regulation?

Fine.. Ask for advice and then don't listen to it. Your life.

Now FOG.

[Lance]

No and yes.

who wants to bin them now? You, the client or both?

[cannon999]

Did they find you and put you forward for the role? Would you have the role if it wasn't for the agent?

Agents need to make a living as well.

No and yes.

[Lance]

Did they find you and put you forward for the role? Would you have the role if it wasn't for the agent?

Agents need to make a living as well.

[eek]

That's a very wishy washy answer. Regulation 10 reads pretty clear to me, surely this would override any business contract arrangement because it would have been made in breach of that regulation?

You can hope that any particular item will solve a problem and you can use your interpretation of the rules to potentially push things in your direction but most of the time it isn't going to work.

If we knew what your problem was - then we might be able to give you decent advice but 1 clause by itself isn't anything as other things may override it. For instance it may mean you can work for the client but it doesn't mean the client can directly employ you (as that is covered by the client agency agreement you've never seen)...

[cannon999]

Answer is in this case no. The opt in/out rules are so badly misunderstood by all parties they are useless. If you are relying on them for an outcome or to resolve a dispute you are going to end up in a difficult situation.

That's a very wishy washy answer. Regulation 10 reads pretty clear to me, surely this would override any business contract arrangement because it would have been made in breach of that regulation?

[northernladuk]

I guess my question is - does the law override whatever the contract says?

Answer is in this case no. The opt in/out rules are so badly misunderstood by all parties they are useless. If you are relying on them for an outcome or to resolve a dispute you are going to end up in a difficult situation.

[WTFH]

Isn't it in client's best interests to pay less?

It's in the client's best interest to have reliable suppliers who don't drag them in to legal cases.
If they (and their name) are brought in to a court case, how much time & money will that cost them for the legal aspect, and what will the impact be on their business for that?

[cannon999]

Your question should not be about "the law" but about the best way to get work and keep clients happy.
If you resort to using the law to argue something, you may find that the client will get dragged in and not want to work with you in future.

Isn't it in client's best interests to pay less?

[WTFH]

I guess my question is - does the law override whatever the contract says?

Your question should not be about "the law" but about the best way to get work and keep clients happy.
If you resort to using the law to argue something, you may find that the client will get dragged in and not want to work with you in future.

[cannon999]

They can make so much trouble the other party will back off to avoid the possible legal fall out. They can also terminate contracts and refuse to pay last wages etc... if you are still in that position. In a nutshell, be complete arses regardless of what the legislation says.

I guess my question is - does the law override whatever the contract says?

[northernladuk]

If the agency failed to collect an opt out form (they failed to notice that the opt out form was filled in)

Can they:

- enforce the handcuff in the contract on the contractor?
- enforce the handcuff in the contract on the client?

They can make so much trouble the other party will back off to avoid the possible legal fall out. They can also terminate contracts and refuse to pay last wages etc... if you are still in that position. In a nutshell, be complete arses regardless of what the legislation says.

[cannon999]

If the agency failed to collect an opt out form (they failed to notice that the opt out form was filled in)

Can they:

- enforce the handcuff in the contract on the contractor?
- enforce the handcuff in the contract on the client?