Opt in, not out

[SueEllen]

Bollocks. It's their f***ing job to know and properly apply the laws governing their business. A quick slap from the BIS team plus a potential £50k fine might persuade them of the fact.

There's no reason on earth for us professional contractors to deal with amateurs who don't know their own rules.

Be fair - anyone can set up as an recruitment agency tomorrow.

The fact they don't understand that there is a simple law covering spamming people by email means they are unlikely to understand opt-in/opt-out.

[malvolio]

Many thanks for this. Saves me searching.

Although I am genuinely hoping they are just a bit naive and it won't come to that!

Bollocks. It's their f***ing job to know and properly apply the laws governing their business. A quick slap from the BIS team plus a potential £50k fine might persuade them of the fact.

There's no reason on earth for us professional contractors to deal with amateurs who don't know their own rules.

[GB9]

Mmmm.....

Ask them again through email if they insist that you opt-out after you have started on site and have agreed and signed the contract, then contact the pay and work rights helpline on the phone and report them. You will find within 10 days they will back down......

*0800 917 2368 Monday-Friday 9-5 and Saturday 9-1 The email address for the department of BIS doesn't work you have to get the EAI by calling that number.

Many thanks for this. Saves me searching.

Although I am genuinely hoping they are just a bit naive and it won't come to that!

[SueEllen]

Escalated up the agency food chain.

'You did opt out on your last contract through us so its ok, you just need to return the paperwork'.

Hmmmmmm........No

Mmmm.....

Ask them again through email if they insist that you opt-out after you have started on site and have agreed and signed the contract, then contact the pay and work rights helpline on the phone and report them. You will find within 10 days they will back down......

*0800 917 2368 Monday-Friday 9-5 and Saturday 9-1 The email address for the department of BIS doesn't work you have to get the EAI by calling that number.

[GB9]

Escalated up the agency food chain.

'You did opt out on your last contract through us so its ok, you just need to return the paperwork'.

Hmmmmmm........No

[GB9]

I presume you have signed the contract and sent it to them and you are just waiting for them to counter sign it? I'd just ignore them in that case because having started work the deal is done, signed or otherwise. Or better still, since they put it in writing, report them because they are acting illegally.



Of course they are, they are just playing stupid - they come out with all sorts of crap when it comes to opting out.

Yes and yes!

[GB9]

I would argue they were 'good guys' if that is the case. Got away with it by the skin of your teeth would be more my thought. I bet they wouldn't have been good guys if you needed to substitute!

Oddly enough, I actually have a substitute in situ, so still have that contract as well as this one. They were a bit bemused as they had never had anyone sub before (actually sub as compared to the clause), but they went along with it.

[Wanderer]

Have just received e-mail from agent stating that they can't release the signed contract to me until I have returned a signed 'Opt-Out' form.

I presume you have signed the contract and sent it to them and you are just waiting for them to counter sign it? I'd just ignore them in that case because having started work the deal is done, signed or otherwise. Or better still, since they put it in writing, report them because they are acting illegally.

Just made me wonder if they actually were aware its too late

Of course they are, they are just playing stupid - they come out with all sorts of crap when it comes to opting out.

[northernladuk]

Told them I am happy to opt in, and that i'm already on site so it wouldn't be valid anyway. Just made me wonder if they actually were aware its too late. The last agency, again good guys, didn't have a clue about opt out, or IR35 or substitution.

I would argue they were 'good guys' if that is the case. Got away with it by the skin of your teeth would be more my thought. I bet they wouldn't have been good guys if you needed to substitute!

[GB9]

Just point out that its too late as you've
1) signed the contract
2) started work they have clearly agreed to both the contract and that you are opted in.

Then just blow a raspberry in their direction....

Told them I am happy to opt in, and that i'm already on site so it wouldn't be valid anyway. Just made me wonder if they actually were aware its too late. The last agency, again good guys, didn't have a clue about opt out, or IR35 or substitution.

[eek]

Just point out that its too late as you've
1) signed the contract
2) started work they have clearly agreed to both the contract and that you are opted in.

Then just blow a raspberry in their direction....

[GB9]

Have just received e-mail from agent stating that they can't release the signed contract to me until I have returned a signed 'Opt-Out' form.

I'm not going to name them yet as they are generally good guys, however.....a) I think what they are saying is a bit naughty, and b) I started on site today.

Can't trust anyone these days