Advice on opt-out statement

[Zero Liability]

Don't know about normal, but it is no bad thing from an IR35 perspective. Non-equal notice periods are not generally something a permie has, so.....of course, instant/immediate termination is not bad either, as notice periods are for permies too....

I don't think they always mean very much, anyway. E.g. mine is 20 days on both myco's end the agency's, but if the end client withdraws their requirement for the services provided or reduces demand for them and notifies the agency of this, the agreement is set to end at that point, as well as instant termination being on the cards for work that doesn't meet the client's specification etc.

[Wanderer]

· In the absence of the timely provision of an opt out notice, it is not necessarily accepted that Conduct Regulations apply to the arrangements relating to the assignment.

So even if you don't opt out then they might might not adhere to the Agency Conduct Regulations anyway. What a bunch of jokers.

Who are they?

[chappers]

+1 to that. The 7 days is a bit odd though. I would clarify if that is working days.

Got clarification and its days

[chappers]

You've even posted in that thread! Have you tried to READ it as well?

read re-read a few articles and this post

Opt-in, opt-out?Legal specialist Egos comments :: Contractor UK

which iHHO is NOT to opt out.

main one that stands out are the time limits imposed when finishing contract and the agency forced to pay if the client doesn't pay

[DirtyDog]

You've even posted in that thread! Have you tried to READ it as well?

[chappers]

Bollocks to the search. There is a 35 page bloody sticky that has been read 74000 times on it at the top of this forum. Go read that.

Christ!!

[DirtyDog]

thanks.

but i may get shot down by 'use search' but generally what are they asking me to opt out to?

and what is the difference of in/out?

It's the first line that you quoted - Conduct of Employment Agencies and Employment Businesses Regulations 2003

There is a sticky post at the top of this forum titled "Opt out of Conduct of employment agencies 2003 act?"

Try reading that and see what you think.

[northernladuk]

thanks.

but i may get shot down by 'use search' but generally what are they asking me to opt out to?

and what is the difference of in/out?

Bollocks to the search. There is a 35 page bloody sticky that has been read 74000 times on it at the top of this forum. Go read that.

Christ!!

[chappers]

thanks.

but i may get shot down by 'use search' but generally what are they asking me to opt out to?

and what is the difference of in/out?

[northernladuk]

If you want to opt out of the agency regulations, then sign it and send it back; if you don't want to opt out of the agency regulations, don't sign it and send it back.


Normality is subjective - what some contractors see as normal, others would baulk at, and vice versa. Are you happy with the terms on offer? If you are, then accept the terms; if you aren't then negotiate better terms that you would be happy to accept.

I see nothing wrong with those terms, though.

+1 to that. The 7 days is a bit odd though. I would clarify if that is working days.

[DirtyDog]

Please could someone advise me of below:

If you want to opt out of the agency regulations, then sign it and send it back; if you don't want to opt out of the agency regulations, don't sign it and send it back.

Also have terms of

The Contractor may give 28 days notice at any time.
The Agency may give Immediate notice for the first 4 weeks, 7 days thereafter.

Is this normal?

Normality is subjective - what some contractors see as normal, others would baulk at, and vice versa. Are you happy with the terms on offer? If you are, then accept the terms; if you aren't then negotiate better terms that you would be happy to accept.

I see nothing wrong with those terms, though.

[kevpuk]

<snip>The Contractor may give 28 days notice at any time.
The Agency may give Immediate notice for the first 4 weeks, 7 days thereafter.

Is this normal?
<snip>

Don't know about normal, but it is no bad thing from an IR35 perspective. Non-equal notice periods are not generally something a permie has, so.....of course, instant/immediate termination is not bad either, as notice periods are for permies too....

[chappers]

Please could someone advise me of below:

If you do not wish the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“Conduct Regulations”) to apply to the assignment you are going to undertake with AGENCY (“AGENCY”), please copy and paste the statement below and return in an email to AGENCY EMAIL.



Please email should you have any further queries.



Form of letter to notify Opt-Out



Dear CHAPPERS of UMBRELLA Co (“Contractor”)



NOTICE TO OPT OUT OF THE CONDUCT REGULATIONS



“I agree with the statements below and hereby serve notice to opt out of the Conduct Regulations”



Statements:



I confirm that -

I am the person who will be supplied to carry out the work for the hirer pursuant to the contract between AGENCY and the Contractor; and

I am a duly authorised representative of the Contractor; and

on behalf of the Contractor and as the person supplied to carry out the work for the benefit of the hirer, I confirm that I do not wish the Conduct Regulations to apply pursuant to Regulation 32(9) therein; and

I have read and understood the information below; and

I have freely provided this notice without any undue pressure from AGENCY.



Information:



· This opt out notice may be withdrawn by serving further written notice to AGENCY.

· Notices served after the work starts will not become effective until such time as the work provided to the hirer relating to the assignment ceases.

· Extensions and renewals of the assignment will be considered an extension to the work in the same position with the hirer and therefore, notices served will not become effective until such time as the work relating to the assignment ceases.

· Where the work will or would be involved in working or attending vulnerable persons (any person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention, and includes any person under the age of eighteen) opting out of the Conduct Regulations is not permitted and any such notice to do so will be disregarded.

· In the absence of the timely provision of an opt out notice, it is not necessarily accepted that Conduct Regulations apply to the arrangements relating to the assignment.

· AGENCY is unable to provide advice regarding the perceived benefits of opting out and strongly suggests that any advice is sought elsewhere. The following links provide further information concerning the Conduct Regulations:



http://www.opsi.gov.uk/si/si2003/20033319.htm



http://www.bis.gov.uk/

Also have terms of

The Contractor may give 28 days notice at any time.
The Agency may give Immediate notice for the first 4 weeks, 7 days thereafter.

Is this normal?

Its for a 3 month contract btw

any advice welcome