Reply to: Any REC members reading this site.....

[BolshieBastard]

I don't think that is strictly true. It's a password protected site for members, not a top secret organisation. Wouldn't be breaking any laws to see what REC actually advise their members.

Yes, I agree. But they password protected it because they dont want it generally available.

Well we are getting no where with this line of it being illegal to force someone in to Opting out but you can choose not to do business with them if they don't. It's the same thing but legal aspect falls apart. You could argue if you want to do business with us you opt out, which is allowed,which is forcing them opt out which isn't. So be great to see what REC are advising their members.

Again, I agree. They set their T&C's and say take it or leave it.

[northernladuk]

Yes! Folks, please reply to the agency consultation. The proposed repeal of the agency regulations is NOT going to be good for contractors generally. Some of us are old enough and tough enough to go toe to toe with the agencies but there are a lot of folks that are getting exploited and ripped off by unscrupulous agencies. Let's not give them an easy ride or we will be next...


If you have been bullied into opting out then you can also report abuse of the opt out to:

1. Employment Agency Standards Inspectorate eas@berr.gsi.gov.uk
2. REC (if the agency is a member)
3. PCG agencyregs@pcg.org.uk (if you aren't a PCG member, consider joining too)

but if the agency states they do not wish to do business with you if you Opt In there is nothing you can do. That is their choice of business model...

[Wanderer]

I think you may be better spending some of your energy into replying to the agency consultation that Wanderer pointed to in another thread.

Yes! Folks, please reply to the agency consultation. The proposed repeal of the agency regulations is NOT going to be good for contractors generally. Some of us are old enough and tough enough to go toe to toe with the agencies but there are a lot of folks that are getting exploited and ripped off by unscrupulous agencies. Let's not give them an easy ride or we will be next...


If you have been bullied into opting out then you can also report abuse of the opt out to:

1. Employment Agency Standards Inspectorate eas@berr.gsi.gov.uk
2. REC (if the agency is a member)
3. PCG agencyregs@pcg.org.uk (if you aren't a PCG member, consider joining too)

[SueEllen]

I think you may be better spending some of your energy into replying to the agency consultation that Wanderer pointed to in another thread.

Just make sure you point out how low skilled workers are disadvantaged and abused, as well as the high skilled workers for every "why" you answer as the government doesn't really give a stuff about us.

[northernladuk]

'No... but you can refuse to do business with anyone that doesn't opt out' would kinda ruin it all though wouldn't it?

[Wanderer]

Are you spotting the flaw in your post? You can't go deciding a legal argument on half a sentence posted on search page man.

It's near enough for me because:

1. It suits my biased view of the matter
2. The answer given by the REC is a flat NO and with legal people "NO" is a very definite answer that they don't use lightly.
3. The REC refer to Conduct Regulation 32(13) which is the same reference I cite.

But let us know if you get anyone to forward you the full text of the answer. You could also ask the REC if they will answer the question for you....

[psychocandy]

Be very interesting to see.... !!!!

[northernladuk]

It's not the whole article, but the smoking gun is right here Ha!!!

Are you spotting the flaw in your post? You can't go deciding a legal argument on half a sentence posted on search page man. Jesus

[Wanderer]

I would like to see what the article at the link below says..

The title of it is 'Registering limited company contractors - can I make it a condition of providing work-finding services that a limited company contractor opt out of the Conduct Regulations?'

It's not the whole article, but the smoking gun is right here Ha!!!

Welcome to REC Legal Services
... contractors - can I make it a condition of providing work-finding services that a limited company contractor opt out of the Conduct Regulations? No. Conduct Regulation 32(13) states that “Neither an agency nor an employment business may make the provision of ...

The answer is truncated but it the flat NO in the answer to the question confirms that the REC believes that the agency conduct regulations section 32(13) prohibits this practice.

So, if anyone is working through a REC agency and the agency have refused to allowed them to opt out then report them to the REC for investigation. The REC claims it is very rare that complaints are upheld against agencies so let's see what happens.

[northernladuk]

Yes, it would be interesting to read the answer to that one wouldn't it.

Well we are getting no where with this line of it being illegal to force someone in to Opting out but you can choose not to do business with them if they don't. It's the same thing but legal aspect falls apart. You could argue if you want to do business with us you opt out, which is allowed,which is forcing them opt out which isn't. So be great to see what REC are advising their members.

[Wanderer]

'Registering limited company contractors - can I make it a condition of providing work-finding services that a limited company contractor opt out of the Conduct Regulations?'

The Recruitment & Employment Confederation - Welcome to REC Legal Services

Yes, it would be interesting to read the answer to that one wouldn't it.

[northernladuk]

Its not restricted access for no reason. They dont want us to see it so I'll be really surprised if anyone breaks the embargo.

I don't think that is strictly true. It's a password protected site for members, not a top secret organisation. Wouldn't be breaking any laws to see what REC actually advise their members.

[BolshieBastard]

I would like to see what the article at the link below says..

The title of it is 'Registering limited company contractors - can I make it a condition of providing work-finding services that a limited company contractor opt out of the Conduct Regulations?'

The Recruitment & Employment Confederation - Welcome to REC Legal Services

Also

Registering limited company contractors - How do I register a worker seeker who supplies their services through a company?

The Recruitment & Employment Confederation - Welcome to REC Legal Services

and

Limited company contractors - which contract to issue?

The Recruitment & Employment Confederation - Welcome to REC Legal Services

Its not restricted access for no reason. They dont want us to see it so I'll be really surprised if anyone breaks the embargo.

[northernladuk]

I would like to see what the article at the link below says..

The title of it is 'Registering limited company contractors - can I make it a condition of providing work-finding services that a limited company contractor opt out of the Conduct Regulations?'

The Recruitment & Employment Confederation - Welcome to REC Legal Services

Also

Registering limited company contractors - How do I register a worker seeker who supplies their services through a company?

The Recruitment & Employment Confederation - Welcome to REC Legal Services

and

Limited company contractors - which contract to issue?

The Recruitment & Employment Confederation - Welcome to REC Legal Services

[cojak]

You might have more success with your request if you explain (at least at high level) why you want them.