Can an Umbrella contractually OPT employee OUT?

[lucyclarityumbrella]

As I said - they can write whatever they want in the contract (within reason), it doesn't matter what you sign - it matters whether you met with the client before you started the assignment. If you did, you are automatically opted in, thus the legality of the statement becomes irrelevant.

[WTFH]

I do not wish to opt out ever. Thanks
...

OPTING OUT IS NOT IN MY INTEREST. PERIOD!

Does that make it illegal? No!

You say you do not wish to opt out "ever". How can you be so sure that in 10, 20 or 50 years time, you don't get offered a contract where opting out is a good idea?

There's a massive difference between "illegal" and "I don't like how the contract is worded".

[NotAllThere]

It's a clause in a contract, where you "confirm that you wish the Company to opt-out and hereby give the Company authority to sign any opt-out clause on your behalf."

Perhaps it would help if you clarified what you mean by "legal".

If you're asking whether it is illegal under criminal or civil law for a brolly to opt-you out on your behalf with your agreement, then the answer is "probably not". That's just my opinion, I'm not a lawyer. You could consult one.

If you're asking whether the brolly can legally make this part of their contract, and can refuse to change it, then the answer is "probably".

It's just a clause in a contract. No-one is forcing you to sign. If you don't want them to do that, then tell them to strike out the clause. If they won't, then tell them you'll find another brolly, and, if they don't back down then, go and find another brolly that will allow you to opt out.

[TelcoData]

I do not wish to opt out ever. Thanks

On 31-Jul-18 12:53, XXXXXXXXXXXXX wrote:
>
> Dear YYYY
>
> Congratulations on your new assignment with ZZZZZZZZ,
>
> Our records show that we don’t have confirmation that you wish to opt out of ‘The Conduct of Employment Agencies and Employment Businesses Regulations 2003’.
>
> The Regulations control how recruitment companies conduct their business. The Regulations affect how we deal with ‘temps’ and also covers our dealings with contractors. However, after prolonged lobbying from various interest groups including contractors, the Government adopted a proposal which enables limited company contractors, such as you, to opt out of the Regulations. If you opt out then the Regulations will not apply to dealings between you and us, making the recruitment process more straightforward.
>
> All you need to do is reply to this email with a signed copy of your PSC1(if Limited company) or WFS(If Umbrella company) Contract with a signed Opt out Section. Alternatively, you can confirm that you wish to Opt Out by replying to this email stating that you wish to Opt Out. This confirms that you opt out of the regulations and then I can update your records.
>
> Once we have this confirmed from you this will apply for each assignment you attend for us until you state that you wish to Opt back In.
>
> If you have any questions please do not hesitate to call me on the number below.
>
> Many thanks

OPTING OUT IS NOT IN MY INTEREST. PERIOD!

[TelcoData]

In all fairness it will become irrelevant, if taken to court for any reason, they would look at how the agreement / assignment was agreed. If you met the end client before agreeing to take on the assignment, you can be opted out all you like, it would never stand up in court

Sorry but I have no clue what you're trying to say!?

Is it legal or not that's all I asked

[lucyclarityumbrella]

In all fairness it will become irrelevant, if taken to court for any reason, they would look at how the agreement / assignment was agreed. If you met the end client before agreeing to take on the assignment, you can be opted out all you like, it would never stand up in court

[TelcoData]

I don't but I posted a link for you to check.

As I've just registered did you think I hadn't already researched the subject?

It does apply to me and I do not wish to be Opted Out without consultation and agreement. I've researched this and never established whether said companies can Opt an individual out legally without consent so I thought I'd ask here. I did not expect your response ..!?!?

Why do people think every clause they don't like or understand is illegal?

So question remains is it legal for an Umbrella to Opt Out employees without consultation or agreement?

If you cannot answer this then no need to reply but thanks for your input so far.

I generally do not sign a contract until I'm working thus Opt Out is an non issue and while I'm sure some may think this unwise it's has never had a negative impact to date .. however it's not ideal.

[northernladuk]

How exactly do you know if it applies to me or not?

Sheesh!

I don't but I posted a link for you to check.

[TelcoData]

Why do people think every clause they don't like or understand is illegal?

Opting out is my choice not the umbrella's choice that was my point! I do not think it's legal to presume I opt out without asking me first.

I fully understand the ramifications of opting in or out I prefer the additional protections provided by The Conduct of Employment Agencies and Employment Businesses Regulations 2003.

How exactly do you know if it applies to me or not?

Sheesh!

[northernladuk]

Why do people think every clause they don't like or understand is illegal?

Why don't you want to opt out?

Surely it doesn't even apply to you?

https://www.contractoruk.com/agencies/5158.html

[TelcoData]

As per subject field.

I have just signed an Umbrella Contract and section 18.1 states they will Opt me out now and forever!?

I've provided an image of this below but basically it states "You give the company the authority to opt you out"

https://imgur.com/a/OyKoTyp

Is this legal?

Thanks