Opting back IN to The Employment Business Regulations 2003

[dazpaz]

THE CONDUCT OF EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESS REGULATIONS 2003

When I signed my contract with an Agent and my Ltd I signed an Opt-Out of the Regulations.

At the time I was not overlay concerned as only a 3 month contract. But it has been extended numerous times over the last few years.

I am now in the last week of contract, so was reveiwing the restriction the agency has with possibly engaging with client in future. It contains a 12 month clause, but this would not apply if was Opted In. Opted in I understand the restriction is 8 weeks.

Opt Out clause states I can choose to Opt back IN at any time, just simply email a request. Which I did this week.

Common sense suggest to that I am only restricted by the 8 week rule. Is it really that straightforward?

* On a side point is that the opt OUT request was signed and never discussed until after the "official" introduction to the client (also in the case I had made contact with Client directly, an agency was then brought in just save hassle).

So I presume the Opt-Out I signed was never legitimate, I have always been Opted IN (I think).


Any advice on my thinking being current or should I be more cautious.

Cheers

[northernladuk]

12 months is too long to really be enforceable and it will only stand in certain circumstances anyway. We don't get many situations where the handcuff is water tight and stops the contractor and I'd bet everything I have the opt in/out status would have made one iota of difference to the outcome whatever the legislation says.

It's highly unlikely the agent has a clue what they are doing around this as well. They have a very different view of what 'Introduction or supply' to what everyone else has and it's nearly always late so yes it's highly likely your original status is invalid.

I believe it still does tie you in for 8 weeks after the assigment ends so still a risk. Not many people will hang around for 2 months for a contractor.

I believe your opt in/out status will only change after the current assignment has ended, not as soon as you mail.

I could be wrong but I think we've yet to see a single situation on here that has been resolved by a contractor stating they are opted in/out and the agency say, oh yes of course that's fine then. Even the black and white one about getting paid without a timesheet.

Personally I've given up worrying about the status. It appears from all the evidence over the years it's a complete waste of time.

[BlasterBates]

The rule of thumb is as long as you don't go behind the agent's back then it isn't a problem. If your aim is to switch, refuse a renewal and go to a different agency for the current contract then they have a good case. If your contract ends and then in 3 months you go back to the same client, don't worry.