Hi all
Apologies if something like this has been posted before but most of my searches returned deciding to opt in/out.
To give a bit of a backstory, I undertook a 6 month contract working through an agency which was extended twice. Towards the end due to both my parents being terminally ill, I missed out that my agency had stopped paying my invoices. Long story short, I am still pursuing these through legal matters but it looks like I am going to struggle with collecting (agency has shut down etc).
However, I believe the agency may have breached conduct regulations and I am unsure what this means, if anything?
The agency provided an opt out form after interviews with the client but before starting work. I declined to provide it, and told the agency that I preferred to remain in (in person), never providing the declaration to them. However, I've reviewed the contract and it states that I agree to opt out. I've signed this but I think I based this on the position that it was not relevant without the declaration.
Based on the legislation:
Now as I understand it, if we're counting introduction as first time the work seeker saw my details or met me then the contract clause is not valid as it conflicts with the regulation. As I mentioned most guidance also requires a declaration to be signed by me and not just in the contract to be enforceable. So I think that I am protected by the conduct regulations - is this correct?
Separately, with the primary objective of collecting debts owed, and secondarily on preventing this agency repeating their pretty horrific behaviour with other contractors, what does them being in breach of the regulations actually do for me? Could I make a claim against his professional indemnity insurance?
If you have any questions, fire away and thanks for reading this rather lengthy post!
Apologies if something like this has been posted before but most of my searches returned deciding to opt in/out.
To give a bit of a backstory, I undertook a 6 month contract working through an agency which was extended twice. Towards the end due to both my parents being terminally ill, I missed out that my agency had stopped paying my invoices. Long story short, I am still pursuing these through legal matters but it looks like I am going to struggle with collecting (agency has shut down etc).
However, I believe the agency may have breached conduct regulations and I am unsure what this means, if anything?
The agency provided an opt out form after interviews with the client but before starting work. I declined to provide it, and told the agency that I preferred to remain in (in person), never providing the declaration to them. However, I've reviewed the contract and it states that I agree to opt out. I've signed this but I think I based this on the position that it was not relevant without the declaration.
Based on the legislation:
Subject to paragraph (12), paragraphs (1)—(8) shall not apply where a work-seeker which is a company, and the person who is or would be supplied by that work-seeker to carry out the work, agree that they should not apply, and give notice of that agreement to an employment business or agency, provided that such notice is given before the introduction or supply of the work-seeker or the person who would be supplied by the work-seeker to do the work, to the hirer.
Separately, with the primary objective of collecting debts owed, and secondarily on preventing this agency repeating their pretty horrific behaviour with other contractors, what does them being in breach of the regulations actually do for me? Could I make a claim against his professional indemnity insurance?
If you have any questions, fire away and thanks for reading this rather lengthy post!
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