Didn't sign "Opt Out" and now agency is refusing to pay me.

[psychocandy]

Agents are indeed pisstaking twats. They have no right to withhold payment because of this.

But then again, as someone says, they cant demand you opt out anyway.

I think part of the trouble is that this doesn't seem to be enforced that strongly. Is it the dept of work and pensions who control this? Anyone know of ANY agency that has been bollacked by them for trying it on? I've not heard of any.

Also, didnt someone say on another thread they'd phone them and been told that opt out was effective even after commencement? Contrary to current believe.

Think the regulatory body needs to pull their finger out and knock some heads together on this one to be honest....

[TestMangler]

This thread from 2009 would be a good place to start I guess.

Be as well reporting them to Andy W's mum for all the good that would do.

[tractor]

..

Be as well reporting them to Andy W's mum for all the good that would do.

True, but you are not in the same position as the OP. It might do them some good which is why I suggested it

[Benny Boy]

I don't know whether to laugh or cry when I see this kind of crap. Did you even bother to research this before you did what you were told? Were you aware of these rights and balance the risks before you signed? If not you deserve everything that comes to you IMO.

Not sure why I would deserve this? Please explain.

Anyway...

I got the expected response from the Agency stating that if I don't sign the "Opt Out" immediately, I will be working within IR35 and they won't support me if I'm investigated. I didn't even mention that I was working inside or outside IR35 to them so seems to be standard resonse. Was also told that it invalidates my contract as it's an "Opt Out contract" ??? This is new to me !!! I asked for all of this in writing and hey presto, they suddenly decided to pay me.

[psychocandy]

Not sure why I would deserve this? Please explain.

Anyway...

I got the expected response from the Agency stating that if I don't sign the "Opt Out" immediately, I will be working within IR35 and they won't support me if I'm investigated. I didn't even mention that I was working inside or outside IR35 to them so seems to be standard resonse. Was also told that it invalidates my contract as it's an "Opt Out contract" ??? This is new to me !!! I asked for all of this in writing and hey presto, they suddenly decided to pay me.

Ha Ha. This is so funny. AGENCY WONT GIVE A TOSS IF YOU GET INVESTIGATED. NOT ONE SINGLE FLICKER OF A TOSS!!!!!!!!!!!!!!!!!!

Funny that they decided to pay now. LOL ;-)

[northernladuk]

Not sure why I would deserve this? Please explain.

Anyway...

I got the expected response from the Agency stating that if I don't sign the "Opt Out" immediately, I will be working within IR35 and they won't support me if I'm investigated. I didn't even mention that I was working inside or outside IR35 to them so seems to be standard resonse. Was also told that it invalidates my contract as it's an "Opt Out contract" ??? This is new to me !!! I asked for all of this in writing and hey presto, they suddenly decided to pay me.

Because you are signing stuff without understanding it. It is a standard response because so many people don't understand what they do and the agents can get away with saying crap like this.

[SueEllen]

Agents are indeed pisstaking twats. They have no right to withhold payment because of this.

But then again, as someone says, they cant demand you opt out anyway.

I think part of the trouble is that this doesn't seem to be enforced that strongly. Is it the dept of work and pensions who control this? Anyone know of ANY agency that has been bollacked by them for trying it on? I've not heard of any.

It's the BIS Employment Agency Inspectorate. (EAI)

Go to directgov.uk and search for agency workers or agency workers helpline. Then phone up the number for the helpline. You cannot do this online.

If your case fits the boxes on the helpline workers call sheet your case will be passed over to the EAI.

This case fits.

[BolshieBastard]

Agents are indeed pisstaking twats. They have no right to withhold payment because of this.

But then again, as someone says, they cant demand you opt out anyway.

I think part of the trouble is that this doesn't seem to be enforced that strongly. Is it the dept of work and pensions who control this? Anyone know of ANY agency that has been bollacked by them for trying it on? I've not heard of any.

Also, didnt someone say on another thread they'd phone them and been told that opt out was effective even after commencement? Contrary to current believe.

Think the regulatory body needs to pull their finger out and knock some heads together on this one to be honest....

I thought cojak investigated whether agents can legally say no role unless you opt out and the legal position was confirmed as. yes they can.

Or did I read it wrong?

If they can legally say no opt out no role then, its also stands that they can legally say no signed opt out, no pay.

[SueEllen]

I thought cojak investigated whether agents can legally say no role unless you opt out and the legal position was confirmed as. yes they can.

Or did I read it wrong?

If they can legally say no opt out no role then, its also stands that they can legally say no signed opt out, no pay.

I got told a different thing from Cojak.

Also if you have started work and signed the contract but not the separate opt-out form you can refuse to sign it.

I suggest the person who starts this thread:
1. Makes sure they get on very well with the client.
2. Reports the agency to the BIS using the phone number on the directgov website.
3. Issues the agency the invoice and chases up in WRITING (letter to agency company director using special delivery ) mentioning clearly what the agency with the agents name has said to them about the opt-out.
4. Not to be afraid of taking the agency to court.

[Wanderer]

3. Issues the agency the invoice and chases up in WRITING (letter to agency company director using special delivery ) mentioning clearly what the agency with the agents name has said to them about the opt-out.

And the director of the agency will turn around and tell you this was the action of "one rogue agent" and tell you that he has been sent away for reprogramming so he won't do it again. Standard agency bulltulip, everything is deniable and put down to the actions of a minority.

Report the agency to the PCG too because the PCG are the muppets who lobbied to have the opt-out included in the legislation and scored a massive own goal for the freelancers they were trying to protect....