Opting in and handcuff clause

[TheFaQQer]

ah, so get an 8wk extension through EB, then there is nothing stopping me going direct for the following extension (as such!)...

That's how I interpret it - they may offer a 4 week extension if you're lucky, and then allow you to go direct.

[scooby]

At the end of your contract, they are obliged to offer you an extension if you are going to go direct. This needs to be on the same terms as you are currently on, and at the end of that contract, there is no handcuff clause.

e.g. Currently, you need to give 8 weeks between contract finishing and you going direct. EB can offer you a new contract for 10 weeks on the same terms, so they get 10 weeks more money from the client. At the end of that 10 weeks, they cannot stop you going direct immediately.

They could make the offer 24 months, though, so effectively forcing you to take 8 weeks out, which the client will probably not want to entertain.

ah, so get an 8wk extension through EB, then there is nothing stopping me going direct for the following extension (as such!)...

[TheFaQQer]

Sorry, dont understand. what do you mean?

At the end of your contract, they are obliged to offer you an extension if you are going to go direct. This needs to be on the same terms as you are currently on, and at the end of that contract, there is no handcuff clause.

e.g. Currently, you need to give 8 weeks between contract finishing and you going direct. EB can offer you a new contract for 10 weeks on the same terms, so they get 10 weeks more money from the client. At the end of that 10 weeks, they cannot stop you going direct immediately.

They could make the offer 24 months, though, so effectively forcing you to take 8 weeks out, which the client will probably not want to entertain.

[scooby]

Alternatively, they are obliged to offer the possibility of an extension on the same terms as the original contract, for an agreed period, after which the transfer fee will be nil. However, I can't find anything in the regs that stops this agreed period being unreasonably long (like 24 months).

tim

Sorry, dont understand. what do you mean?

[tim123]

so, if i've read you correctly, at the end of a 6mth contract means i go direct instantly?

That is what I wrote yes, but I've checked and I was wrong, as it's the later of: 8 weeks from the end or 14 from the start.

So you always have to wait at least 8.

Alternatively, they are obliged to offer the possibility of an extension on the same terms as the original contract, for an agreed period, after which the transfer fee will be nil. However, I can't find anything in the regs that stops this agreed period being unreasonably long (like 24 months).

tim

[scooby]

My understanding is, it is whichever is the earlier of: 8 weeks from the end of the contract or 14 weeks from the start. So if you have just completed a 13 week contract you have to wait 1 week.

tim

so, if i've read you correctly, at the end of a 6mth contract means i go direct instantly?

[tim123]

Even if you opt in isn't there still a handcuff clause for 6 weeks afaik?

Or do I have that wrong.

My understanding is, it is whichever is the earlier of: 8 weeks from the end of the contract or 14 weeks from the start. So if you have just completed a 13 week contract you have to wait 1 week.

tim

[scooby]

You should tell the agency they're breaking the law as well. If you haven't signed an explicit opt out letter personally, they can't do so on your behalf, nor can the umbrella.

Even for us enlightened ones with our own companies, we have to sign an Opt-Out on behalf of OurCo and ourselves individually or it is invalid (hands up all those who didn't know that...). The whole idea is to prevent employers stitching up agency workers and temps.

Also, who is the agency? I may sic the PCG on them...

i dont want to say incase they sort their mistake for future fellow contractors!

[Sockpuppet]

Even if you opt in isn't there still a handcuff clause for 6 weeks afaik?

Or do I have that wrong.

[malvolio]

they cant has the info i have from them is time stamped:



Gutted for them then!!! i'll be talking direct to Client from now on...

You should tell the agency they're breaking the law as well. If you haven't signed an explicit opt out letter personally, they can't do so on your behalf, nor can the umbrella.

Even for us enlightened ones with our own companies, we have to sign an Opt-Out on behalf of OurCo and ourselves individually or it is invalid (hands up all those who didn't know that...). The whole idea is to prevent employers stitching up agency workers and temps.

Also, who is the agency? I may sic the PCG on them...

[scooby]

IIRC, both you and the umbrella company need to opt out.

Opt out must be in writing before being introduced to the client - if they can't prove it, then you should be fine.

they cant has the info i have from them is time stamped:

** This is an automated response from the EAA Opt-Out web site **

This is to confirm that the Contractor below has responded
to the Conduct Regulation 2003 Consent Form:

Contractor Name: Scooby
Selected Option: Opt Out
Timestamp: 10 Dec 2007 12:23:06

Gutted for them then!!! i'll be talking direct to Client from now on...

[TheFaQQer]

IIRC, both you and the umbrella company need to opt out.

Opt out must be in writing before being introduced to the client - if they can't prove it, then you should be fine.

[scooby]

i know i know... its back again.

theres a possibilty i can go direct with the Client from June, which would mean more money for me!

I've looked in to the opting out thing, and the agency have sent me the automatically generated email that is raised when you make the choice. now i dont recall making the choice, but i think this is due to my umbrella making this choice when getting the contract...

looking at the opt out time it was 12:23pm. my initial meeting with Client was at 11am and over by 11:35am. i was offerred the role at 11:45am.

my limited knowledge says to me that because i met the client before opting out, i'm legally classed as opting in... is that correct and therefore means they cant handcuff me?